Personal Injury

The High Court has ruled that a plaintiff may proceed with a personal injuries claim for general damages despite being in breach of an unless order which required the proceedings to be dismissed. The plaintiff had previously agreed by consent to provide particulars of special damages but had failed

Ellen Dalzell and Kevin Hegarty of Northern Ireland commercial law firm Tughans consider a recent English judgment involving a 'novus actus interveniens' defence in medical negligence proceedings. A common perception in medical negligence law is that a ‘specific rule’ exists as a necessa

The High Court has determined that the Irish courts had jurisdiction to hear and determine claim against a UK-based company for breach of a consumer contract. The plaintiff was an Irish resident who had been injured on a cycling holiday in Sri Lanka organised by the defendant. Delivering judgment in

The Court of Appeal has upheld an award of €94,000 for personal injuries sustained by a flight attendant on a Ryanair plane. The plaintiff claimed that she slipped on de-icing fluid which was present on the vinyl surface of the floor. Delivering judgment in the case, Mr Justice Seamus Noonan he

The High Court has refused to set aside the renewal of a personal injuries summons despite arguments that the plaintiff’s solicitor failed to serve the summons due to inadvertence. The summons had been renewed 10 days after the 12-month time limit following an ex parte application. Delivering

Motor insurance premiums fell by five per cent in the year following the introduction of personal injury guidelines which slashed compensation payouts. The average earned premium per policy was €578 during the first six months of 2022, according to the first mid-year private motor insurance rep

The Court of Appeal has upheld an award of €47,000 for a woman who injured her face while attempting to step over seats at a GAA pitch. The woman had been found 50 per cent liable for the injury, but the defendants argued that they should have no liability whatsoever based on the Byrne v. Arden

Proposals to protect schools from "unreasonable litigation" in relation to playground accidents is to be brought forward in the Seanad. The Civil Liability (Schools) Bill 2023, proposed by Independent NUI Senator Rónán Mullen, would give explicit legal protection to schools operating a

JMK Solicitors has been named as Northern Ireland's busiest personal injury firm for a ninth consecutive year. The firm was instructed in 1,512 cases last year, more than double that of the next busiest firm, according to figures obtained from the Compensation Recovery Unit inside the Department for

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 awarded €60,000 to a woman who suffered a back injury while working as a healthcare assistant in Limerick Regional Hospital. In so ruling, the court was required to assess the weight it should attach to the evidence of the plaintiff’s medical expert. It was argued by th

Northern Ireland’s High Court has determined that the Northern Ireland Policing Board (NIPB) did not have grounds to reject medical evidence involving injuries at work for two former constables. The court found that the medical evidence determination, not the Board’s, was final.

Personal injury specialist firm Kearney Law Group has announced the appointment of two new claim specialists to its team in Belfast. Lee Donaghy has been appointed to the newly-created role of claims and business development manager and Ryan Abram has been named senior claims consultant.

The Court of Appeal has upheld a finding of liability against Dunnes Stores for injuries suffered by an employee who fell from a wobbly ladder while stacking shelves. Dunnes Stores appealed the decision on the basis that the trial judge erred in his assessment of the evidence in the case. Delivering

Emma Murphy of RDJ LLP discusses a recent High Court on Circuit case in which the firm acted and successfully appealed against Order 53, Rule 2(2) of the District Court Rules. The recent decision from Justice Miriam O’Regan in Teresa Field v Cork City Council, an appeal from the Circuit C