Search: personal injuries

The Law Reform Commission has identified two "constitutionally permissible" models for capping personal injuries pay-outs in Ireland. In a new report, the law reform body said two of the four models it first detailed in an issues paper last December could be introduced.

The Judicial Council's personal injuries guidelines committee is standing by its recommendations and will not make changes in response to criticism from some judges, according to reports. Draft guidelines were drawn up by the committee last year and are currently being considered by the full Judicia

The High Court has granted discovery against a defendant in personal injuries proceedings, rejecting a submission that discovery infringed the defendant’s right to self-incrimination. The claim was made by the defendant company that, arising out of a prosecution by the Health and Safety Author

The Court of Appeal has ordered a full rehearing of a personal injuries case after the court determined that the trial judge had failed to engage with essential aspects of the evidence. The court held that it was “surprising and unfortunate” that the trial judge failed to recognise that

The High Court has rejected a submission that judges who voted on the new Personal Injuries Guidelines should be recused from hearing a legal challenge to those Guidelines. The applicant brought judicial review proceedings seeking to challenge the adoption by the Judicial Council of the Guidelines o

The High Court has dismissed a challenge to the application of the recently-adopted Personal Injuries Guidelines to a woman’s claim for compensation. The woman claimed that her injury would have previously attracted damages between €18,000 and €34,000, but was only assessed at €

The High Court has refused an application by a defendant in a personal injuries action to dismiss the plaintiff’s case pursuant to section 26 of the Civil Liability and Courts Act 2004. It was alleged that the plaintiff gave false or materially misleading evidence to the court in relation to b

The High Court has refused to set aside the renewal of a personal injuries summons despite arguments that the plaintiff’s solicitor failed to serve the summons due to inadvertence. The summons had been renewed 10 days after the 12-month time limit following an ex parte application. Delivering

The High Court has dismissed a personal injuries action brought against a school by a former student alleging negligence in the conduct of a PE class. The student claimed that a relay race had been organised negligently and, as a result, he fell into a wall. Delivering judgment in the case, Ms Justi

The Court of Appeal has substituted a High Court award totalling €90,000 in general damages for physical and psychological injuries sustained by a woman in a gas explosion at her workplace. Delivering judgment for the Court of Appeal, Mr Justice Seamus Noonan commented that when compared with v

A majority of the Supreme Court has determined that s.7(2)(g) of the Judicial Council Act 2019 which required the adoption by the Judicial Council of the 2021 Personal Injuries Guidelines is unconstitutional, but that the Guidelines remain in force in law being that were subsequently ratified by the

Reform in personal injuries law has been a focus of government and the insurance sector in recent years. Killian Flood examines how one Supreme Court judge recently signalled a willingness to consider reforming the standard of care in certain cases. Last week, the Supreme Court delivered the much-an

Revisions to the personal injuries guidelines will require the approval of the Oireachtas under legislative changes proposed in response to the Supreme Court ruling in the Delaney case. The Courts, Civil Law, Criminal Law and Supperannuation (Miscellaneous Provisions) Bill 2024 will make the necessa

Irish lawyer Liam Moloney will this month address a legal convention in San Francisco which is expected to draw over 2,000 attendees. Mr Moloney, managing partner of Moloney & Co Solicitors, has been invited to speak at the American Association of Justice's annual convention, which will take pla

A woman who brought a personal injury claim against Dunnes Stores, where she worked as a sales assistant when she fell from the second step of a ladder in 2014, has had her claim dismissed in the High Court. Finding that the woman's testimony was "fundamentally undermined" by CCTV footage shown in C