Search: personal injuries

The Supreme Court has overturned a finding that a significant proportion of discovery sought by a man in personal injury proceedings against the Minister for Defence was premature. Finding that the State had failed to discharge its onus to demonstrate that alternative procedural measures could achie

The Court of Appeal has ruled on two appeals relating to the procedural fairness of the Criminal Injuries Compensation Tribunal. The judgment, delivered by Ms Justice Úna Ní Raifeartaigh, rejected arguments that legal aid should be provided to people availing of the scheme. The court a

The Court of Appeal has upheld a personal injuries award for a child who suffered lacerations to her hand while ice-skating at a seasonal pop-up ice rink. The child had been awarded €65,000 in the High Court after the judge determined that the ice rink had been overcrowded and poorly supervised

Legislation which would require insurance companies to explain how new personal injury guidelines have impacted their premiums has been put on hold for nine months. The Judicial Council (Amendment) Bill 2021, a private member's bill introduced by Sinn Féin TD Pearse Doherty, cleared the secon

The Court of Appeal has rejected an appeal by the Health Service Executive (HSE) to dismiss a plaintiff’s claim for personal injuries arising from the circumstances of her birth. The HSE sought to strike out the proceedings which issued 41 years after the birth of the plaintiff, arguing that i

The High Court has awarded €92,500 in general damages to a woman who suffered multiple injuries in a significant head-on collision while driving her car. In so ruling, the court commented that there was nothing in the Personal Injuries Guidelines which prevented a court awarding a greater sum f

The High Court has dismissed a minor’s personal injury proceedings against a gym for delay in circumstances where 10 years had passed since the issuing of her personal injury summons. Delivering judgment for the High Court, Ms Justice Marguerite Bolger found that the 10-year delay in progressi

Judges are to consider a proposal to increase the value of personal injury awards by 16.7 per cent to reflect the impact of inflation. The Judicial Council's personal injuries guidelines committee has drafted the first proposed update to the personal injuries guidelines since they came into force in

The Court of Appeal overturned the decision of the High Court jury which had awarded the man €5,000 in 2013. Justice Irvine accepted that the Book of Quantum was out of date, that the award was disproportionate to his injuries, and that the jury had adopted an incorrect approach to the man’s con

A woman who broke her ankle on a night out at a Wexford rugby club fundraiser has had her action against the club dismissed by the High Court. Mr Justice Barr questioned the demeanour of the woman as a witness, and criticised the woman for withholding evidence from her own expert witness – stating

Pamela Downes It is possible for a person to initiate legal proceedings on a child/minor’s behalf, writes Pamela Downes, solicitor at Keating Connolly Sellors Solicitors in Limerick.

Zurich have been successful in their application to be joined as co-defendants in personal injury proceedings, despite declining to insure the policy holder in the proceedings. Mr Justice Meenan rejected arguments put forward by the plaintiffs’ that there had to be exceptional circumstances for Zu

The Adoption Authority of Ireland has been granted an order dismissing proceedings brought by a woman whose child was adopted in 1980. The woman was 16 at the time and submitted that the circumstances surrounding the adoption of her daughter entailed a breach of her rights. Granting the order to dis

Articles exploring legal history, personal injury law, corporate insolvency and life imprisonment are among the articles published in the latest edition of the Irish Judicial Studies Journal. The first 2020 edition of the quarterly journal, which includes contributions from judges, lawyers and legal

Ronan Daly Jermyn partner Louise Smith and trainee Aisling Breen explore proposals to reduce plaintiff costs in personal injury litigation. The personal injuries realm has often been known to be “pro-plaintiff” with little risk involved in bringing a claim and no real incentive to settle