A damages action brought by a lawyer and academic over serious injuries he sustained following a car crash in Co Tipperary over a decade ago has been resolved. The action was brought by barrister Diarmuid Rossa Phelan SC, who also teaches law at Trinity College Dublin, arising out of injuries he sus
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Former High Court president Mr Justice Peter Kelly has cast doubt on whether reduced personal injury payouts will lead to cheaper insurance premiums. In an interview with The Irish Times, he compared the introduction of new personal injury guidelines to the abolition of juries in High Court personal
Three rugby players have begun legal proceedings against the Irish Rugby Football Union (IRFU) in what are thought to be the first in a series of cases over concussions. David Corkery, Declan Fitzpatrick and Ben Marshall brought proceedings in the High Court in Dublin yesterday, Independent.ie repor
Belfast lawyer Sabrina Lawlor has been appointed as the Northern Ireland representative on the Association of Personal Injury Lawyers (APIL) executive committee. Ms Lawlor, regional manager of personal injury and senior lawyer at Thompsons Solicitors Northern Ireland, brings a wealth of experience t
Sinéad Carroll Sinéad Carroll, partner in the litigation department of Cantillons Solicitors in Cork, responds to reports the Government is to set up a commission of inquiry into personal injury claims.
A prison officer who sustained a herniated disc in his back in the course of restraining and lifting a prisoner in January 2013, has had his claim dismissed on the grounds that it was statute barred. Granting the State defendants an application to dismiss the claim which was issued by way of plenary
The Law Society of Ireland has urged "extreme caution" following reports that the Government is planning to take action to reduce the level of personal injury pay-outs in Ireland. According to The Irish Times, Justice Minister Charlie Flanagan has written to the Mr Justice Frank Clarke, the Chief Ju
Northern Ireland's Department of Justice is taking a "wholly unfair" approach to the personal injury discount rate, the Association of Personal Injury Lawyers (APIL) has said. The Department recently launched a consultation on how the discount rate or "real rate of return", used by the courts to det
Comyn Kelleher Tobin (CKT) solicitor Chantal Feeney reviews a recent case which highlighted the distinction between misfeasance and non-feasance. In Breda Long v Tipperary County Council, the High Court ruled that the defendant in the case could not be held liable for the injuries that the plaintiff
The Court of Appeal has upheld a six-year sentence, with the final two suspended, handed down to a juvenile for dangerous driving that left a two-year-old with life-changing injuries. The judges adjusted another sentence handed down, and reduced the period of disqualification. Background
William Fry partners Derek Hegarty and Craig Sowman examine an English case concerning the rules on civil liability in negligence for serious injuries relating to professional footballers. Fulham Football Club successfully appealed an earlier ruling that found the club vicariously liable for a tackl
A company which operates a nightclub in Dublin has successfully argued that it is entitled to set-off €52,000 owed to a security firm, in circumstances where the firm gave an indemnity for personal injury claims arising from acts, negligence, or failures in its provision of security services. I
The revised Book of Quantum will recommend higher personal injury compensation awards for lower-level injuries and lower awards for more serious or permanent injuries, the Irish Independent reports. The paper claims that the new guidelines, to which judges must give regard, will include four or five
A security officer who brought a personal injury claim against a delivery driver, Tesco and Brennans Bread has had his appeal dismissed in the Court of Appeal. In the High Court, it was found that the relationship between the two men involved “jokes, banter and the odd physical engagement&rdqu
The Personal Injuries Assessment Board (PIAB) awarded over €20,000 on average in whiplash cases in the first six months of 2018. The average PIAB award was €18,581 in general damages (pain and suffering) plus €1,456 in special damages (medical expenses, loss of earnings, etc), accordi