Personal Injury

Most personal injury claimants are no longer accepting awards by the Personal Injuries Assessment Board (PIAB) following the introduction of the Judicial Council's new personal injury guidelines, new figures show. A new report from PIAB shows that award levels have declined by 40 per cent on average

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 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 Personal Injuries Assessment Board (PIAB) is expecting the number of claims lodged this year to be down by 20 per cent on the previous year. Stephen Watkins, director of corporate services for PIAB, told The Irish Times that the figure was already 10 per cent lower as of August and expected to d

Belfast-based Millar McCall Wylie has launched a new identity and dedicated online presence for its personal injury legal services team following a period of growth. The firm, which employs over 40 legal professionals between its Belfast city centre and Ballyhackamore offices, has created MMW Claims

Dublin City Council has paid out more than €33.5 million to settle personal injury claims over the past three years, according to new figures. Data released to The Times under freedom of information legislation shows that 2,228 claims were settled by the local authority between 2018 and 2020.

The High Court has dismissed a personal injuries action in a trip-and-fall case on the basis that the plaintiff failed to look where he was walking at the time of the accident. The court applied cases such as Lavin v. Dublin Airport Authority [2016] IECA 268 and stated that the accident would not ha

The Court of Appeal has upheld an order of garnishee which was made to satisfy a damages award against a company in personal injury proceedings. The garnishee order was granted following the settlement of separate proceedings taken by the company against its insurance broker and underwriter. The com

A consultation has been launched seeking views on possible legislation to require all compensation settlements to children for personal injuries to be approved by a court. Currently in Northern Ireland, only those compensation settlements for a child which are agreed during legal proceedings must be

Plaintiff personal injury firm JMK Solicitors has successfully trialled a new initiative to securely share documents with defendant law firms. The firm's secure document sharing portal aims to create greater efficiencies in the handling of litigation and help to reduce the risks of data breaches.

A High Court judge has delivered a strong judgment regarding the practice in the personal injuries list of making consent orders which determine the amount of recoverable benefits to be paid by tortfeasors. Mr Justice Kevin Cross held that it was a “universal practice” in personal injuri

The High Court has allowed an appeal against a Circuit Court ruling that a personal injuries claim was statute-barred against a set of defendants. The principal issue in the case was whether the plaintiff’s application under section 46(3) of the Personal Injuries Assessment Board Act 2003 to a

The Court of Appeal has upheld a €69,000 award of damages for a man who suffered injuries as a result of a low-speed car accident. The defendant had claimed in the appeal that the impact of the collision was too slight for any injuries to be caused, arguing that only about €500 of damage w

The High Court has struck out a personal injuries claim against a Swedish airport, stating that Ireland did not have jurisdiction to hear and determine the case. The plaintiff had pleaded that the Montreal Convention and Brussels Regulation Recast granted jurisdiction in the matter. However, Ms Just

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