New personal injury guidelines providing for significantly reduced payouts in most cases came into effect on Saturday. The guidelines, approved by the Judicial Council last month, were brought into force through legislation which commenced on Saturday 24 April.
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The Court of Appeal has reduced a personal injuries award by €35,000 on the basis that the trial judge failed to adequately set out reasons for the original award of €210,000. While the court agreed that the accident in the proceedings was “horrendous”, the court held that the
The Court of Appeal has increased a personal injuries award by more than €28,000 after it was held that the trial judge erred by applying a 40 per cent deduction for future loss of earnings based on the Reddy v. Bates [1983] IR 141 criteria. It was held that the reduction was “significant
The Personal Injuries Assessment Board (PIAB) has become the Injuries Resolution Board, with an enhanced role and the expansion of its services to include mediation.
The Injuries Resolution Board marked its 20th anniversary with a conference in Dublin yesterday. Titled ‘Twenty Years On – The Changing Personal Injuries Environment’, the conference heard from international and Irish experts discussing the impact of reforms in the personal injurie
Judges have submitted proposals for a 16.7 per cent increase in personal injury awards to justice minister Jim O'Callaghan. The first proposed update to the personal injuries guidelines since their introduction in 2021 will see the award of general damages for the most devastating and catastrophic o
Emily Logan The Irish Human Rights and Equality Commission has appeared before the Court of Appeal in a case concerning the relationship between claims of discrimination and claims of personal injuries arising from the workplace.
Jody Cantillon Lawyers specialising in personal injury cases have voiced "grave concern" over the Personal Injuries Commission's first recommendations to the Government.
An engineering firm and architect involved in the development of an apartment complex in Stepaside, Dublin, have been unsuccessful in their application to dismiss a personal injuries claim which was commenced in 2009. The woman, who bought an apartment in the development in 2005 alleges personal inj
The State has admitted liability in two of a number of claims brought against it by Garda whistleblower Maurice McCabe, the High Court has heard. Mr Justice Kevin Cross was informed on Tuesday that liability had been admitted in a personal injuries claim brought by Mr McCabe against the Garda Commis
Barry Kelleher, solicitor at Comyn Kelleher Tobin, analyses a recent High Court judgment proposing greater personal responsibility and common sense in personal injuries claims. In the personal injuries proceeding of Vincent O’Mahoney v Nicola McCarthy Hanlon and Waterford and Wexford Training
Alison Cassidy, partner at BLM in Belfast, examines the latest personal injury guidelines for Northern Ireland. The Judicial Studies Board for Northern Ireland has published the fifth Edition of the ‘Green Book’ following the recommendations of a Committee chaired by Lord Justice Stephen
The Court of Appeal has set aside the order of Mr Justice Max Barrett striking out personal injuries proceedings on the grounds of inordinate and inexcusable delay. Background
There is "no evidence" that capping personal injury pay-outs will lead to lower insurance premiums, the Law Society of Ireland has said. The Law Reform Commission yesterday identified two “constitutionally permissible” models for capping personal injury pay-outs in Ireland.
The Judicial Council has adjourned to give further consideration to proposed personal injury guidelines following its meeting on Friday. The council was widely expected to approve the draft guidelines drawn up by its personal injuries guidelines committee, which have not been published but are said