Personal Injury

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

Personal injury cases involving witnesses can now be heard remotely following the roll-out of more advanced technology, the Courts Service of Ireland has announced. There were difficulties with the Pexip platform used for remote hearings since the start of the Covid-19 pandemic in cases involvi

The High Court has set aside the renewal of a personal injuries summons on the grounds that there were no special circumstances to justify the renewal. The principal issue in the case was whether the bringing of the renewal application prior to the expiry of the Statute of Limitations could amount t

The Court of Appeal has made a differential costs order against a plaintiff in personal injuries proceedings after her award was substantially reduced on appeal. Further, the court ordered the plaintiff to pay the defendants’ costs of the appeal as well. The plaintiff had previously received &

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.

New personal injury guidelines coming into effect tomorrow will give insurers too much of an advantage over claimants, the Law Society of Ireland has said. "The pendulum has swung too far in favour of the insurance industry," Law Society president James Cahill said today as he called for the balance

Compensation claims by gardaí for injuries sustained in the line of duty will be brought within the Personal Injuries Assessment Board (PIAB) process under new legislation. Gardaí currently have to apply for authorisation from the Department of Justice to seek compensation in the High

The Court of Appeal has overturned a €56,000 award for a damaged finger on the basis that the plaintiff failed to prove the case that was pleaded and presented to the trial judge. The court said that the “essential basis upon which the trial judge held the defendants to be negligent was n

The Court of Appeal has overturned an €80,000 award in damages for psychiatric injury for an electrician who avoided being electrocuted when trying to repair a street light. The court ruled that the plaintiff failed to properly satisfy the test set out in Kelly v. Hennessy [1995] 3 IR 253 becau

Former High Court president Mr Justice Peter Kelly has cast doubt on whether reduced personal injury payouts will lead to cheaper insurance premiums. In an interview with The Irish Times, he compared the introduction of new personal injury guidelines to the abolition of juries in High Court personal

The High Court of Northern Ireland has awarded more than £250,000 to the estate of a deceased victim of military brutality on Bloody Sunday. The victim, Ms Margaret Deery, was shot through her thigh with a high-calibre bullet, resulting in massive damage to her leg and serious medical complica

New personal injury guidelines providing for reduced payouts in most cases will come into effect next week. Justice Minister Helen McEntee today confirmed that the personal injury guidelines drawn up and agreed by the Judicial Council will apply from Saturday 24 April.

The personal injury discount rate will be dramatically lowered from 2.5 per cent to -1.75 per cent, Justice Minister Naomi Long has announced. The rate will be changed from 31 May through secondary legislation owing to delays in steering the Damages (Return on Investment) Bill through Stormont.

The High Court has determined that an accident report form compiled by a defendant to a personal injuries claim was not discoverable due to litigation privilege. In reaching the decision, the court accepted that a personal injuries claim is usually brought against an employer following an accident a

Plans to bring more cases within the ambit of an enhanced Personal Injuries Assessment Board (PIAB) have gone out for consultation. As part of its strategy to bring down insurance costs, the Department of Enterprise, Trade and Employment (DETE) is seeking observations from the public and interested