Personal Injury

The Court of Appeal has dismissed an appeal brought by a defendant in a personal injuries action in which the High Court rejected an application to dismiss the proceedings pursuant to section 26 of the Civil Liability and Courts Act 2004. The High Court had determined that the defendant had improper

The High Court has dismissed an appeal in a personal injuries action where the plaintiffs were exposed to toxic chemicals following the installation of spray foam insulation. In reaching this decision, the court was highly critical of expert evidence which was led by the defendant. Mr Justice Seamus

Acceptance rates for assessments by the Personal Injuries Assessments Board (PIAB) are returning to levels prior to the introduction of the personal injury guidelines last year, the government has said. Average general damages as assessed by PIAB have decreased by 44 per cent since the guidelines we

Grieving families are still being denied justice in Northern Ireland despite an increase in compensation, lawyers have warned. The sum paid to relatives eligible for a statutory compensation payment for their bereavement has increased from £15,100 to £17,200 as of this week.

The High Court has struck out a plaintiff’s personal injuries claim for damages arising from bullying and harassment in the workplace on the basis that the proceedings were statute-barred. The plaintiff had lodged a PIAB application 10 months outside the two-year limitation period but claimed

The Personal Injuries Assessment Board (PIAB) will assess claims from gardaí injured as a result of malicious incidents under legislation approved by the Oireachtas. The Garda Síochána (Compensation) Bill 2021 provides for a complete overhaul of the current Garda compensation sc

The High Court has awarded €75,000 in damages to a man who was injured by a bull at a cattle market. The man was an experienced farmer who had been asked to assist in driving cattle into the auction area when he was attacked by a startled cow. Delivering judgment in the case, Mr Justice Cian Fe

The Court of Appeal has ruled that a hospital is entitled to discovery of certain communications between a plaintiff and her estranged father in a personal injuries action for the negligent dissemination of the plaintiff’s medical records. The plaintiff had expressly told the hospital to not r

The Court of Appeal has significantly reduced an award of damages for a man who suffered multiple injuries in an accident that was described as “the stuff of nightmares”. The man had been injured in an elevator which had fallen three floors after a cable snapped. On appeal, Mr Justice Se

The personal injuries guidelines should be urgently reviewed in light of inflation and the increasing cost of living, a solicitor has said. While inflation in Ireland was at -0.33 per cent when the guidelines were adopted in 2020, it has now risen to 9.1 per cent, the highest level in 38 years, driv

Proposed legislation which will transform the Personal Injuries Assessment Board (PIAB) into an enhanced Personal Injuries Resolution Board (PIRB) has been published. Publishing the draft bill today, Robert Troy, minister of state for trade promotion, digital and company regulation, said the bill wo

The High Court has awarded €60,000 in damages to a girl who suffered from moderate PTSD and who received a white scar on her thigh from a road traffic accident. The case was notable as it was one of the first cases in which a court was required to apply the new Personal Injuries Guidelines whic

Proposed reforms to the Personal Injuries Assessment Board (PIAB) should be implemented as swiftly as possible, an Oireachtas committee has said. The joint committee on enterprise, trade and employment has completed its pre-legislative scrutiny of the general scheme of the Personal Injuries Resoluti

The High Court has awarded €350,000 in favour of a woman who was sexually abused by her father and raped by her uncle as a child. The abuse lasted at least eight years and began when she was seven years old. Delivering judgment in the case, Mr Justice Garrett Simons considered the jurisprudence

The High Court has dismissed a challenge to an award by the Personal Injuries Assessment Board (PIAB) where the applicant claimed that inadequate reasons were provided for its decision. The applicant had an application for compensation assessed at €11,000 and it was claimed that PIAB did not pr