The judge overseeing the personal injury list in the High Court has launched a scathing attack on the insurance industry, the media and parts of the judiciary, The Irish Times reports. Mr Justice Kevin Cross wrote in The Bar Review it is "entirely untrue" inflated damages awards have led to increase
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In a test case which impacts “some 400” pending cases, the High Court has ruled that debtors have a right to directly engage in the review by the Court of a proposed Personal Insolvency Arrangement (PIA). Finding that the Personal Insolvency Acts 2012 to 2015 did not envisage that the Personal I
A woman who commenced personal injury proceedings against singer Rihanna has been granted an order deeming the service of the summons good. While Ms Justice Miriam O'Regan was not satisfied that there was valid service as a matter of New York law or US federal law; she held that the service actually
The Irish courts saw an increase in defamation and personal injury cases last year, amid a decline in divorce applications and possession orders. Over 655,000 new matters were introduced to the courts last year in total, including a 16 per cent increase in new appeals to the Supreme Court.
Emily Paisley, a solicitor specialising in debt recovery for businesses at Worthingtons Solicitors in Belfast, writes on debt recovery in Northern Ireland. The Financial Conduct Authority’s (FCA) recent survey (Financial Lives 2017) found that personal debt levels in Northern Ireland are the h
A revised edition of the Green Book, which sets out judicial guidelines on damages in personal injury cases in Northern Ireland, will take effect next week. The fifth edition of the Guidelines for the Assessment of General Damages in Personal Injury Cases in Northern Ireland has been produced by a c
The definition of secured debt advanced by a Personal Insolvency Practitioner in the High Court clearly did not work when read in the context of the Insolvency Act 2012 as a whole. Stating that Personal Insolvency Practitioners were not required to “work miracles” to protect a debtor's p
A judge has urged personal injury solicitors to be more selective in taking up cases after dismissing five claims as clearly fraudulent. Judge Jacqueline Linnane of the Circuit Court directed that files relating to the cases should be forwarded to the Director of Public Prosecutions.
Personal data transfers from the European Union to third countries under the standard contractual clauses established by the European Commission are valid, according to an Advocate General of the European Court of Justice. Advocate General Henrik Saugmandsgaard Øe gave his view on issues rais
It is a "myth" that claimants in Northern Ireland are being disadvantaged by the current personal injury discount rate, the Forum of Insurance Lawyers (FOIL) has said. The Department of Justice recently launched a consultation on how the discount rate or "real rate of return", used by the courts to
The High Court has approved a personal insolvency arrangement which would allow a woman to repay her mortgage until the age of 90. The decision came following an appeal from the Circuit Court, in which the judge was concerned that the PIA would leave the debtor in a precarious position at the end of
William Fry partners Jeffrey Greene and Nuala Clayton consider the latest case law on whistleblowing in Ireland. With Ireland due to implement the EU Whistleblowing Directive in the coming months, the Supreme Court has recently issued a key decision regarding what constitutes a protected disclosure
The High Court has criticised a personal insolvency practitioner for providing misleading information to creditors in a proposal which would have written off most of a €13 million debt. The court said that the PIP had “fallen well below the appropriate ethical standards” expected of
Belfast-based Paschal O’Hare Personal Injury Solicitors has expanded with the appointment of Jenna Curran as a solicitor. Ms Curran has extensive experience in litigation, having spent over 12 years helping injury victims recover compensation.
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