Personal Injury

The High Court has refused an application by a defendant in a personal injuries action to dismiss the plaintiff’s case pursuant to section 26 of the Civil Liability and Courts Act 2004. It was alleged that the plaintiff gave false or materially misleading evidence to the court in relation to b

The High Court has dismissed a challenge to the application of the recently-adopted Personal Injuries Guidelines to a woman’s claim for compensation. The woman claimed that her injury would have previously attracted damages between €18,000 and €34,000, but was only assessed at €

Duty of care legislation will be reformed to restrict the liability of occupiers, the government has announced. The proposed amendments to the Occupiers' Liability Act 1995 will be included in the Courts and Civil Law (Miscellaneous Provisions) Bill 2022 as part of the government's push to reduce in

The Court of Appeal has ruled that the Motor Insurers Bureau of Ireland was not liable for injuries sustained by a plaintiff after she lost control of her car. The plaintiff alleged that she crashed her car due to an oil spill on the road caused by the negligent use of an unidentified vehicle. Deliv

The High Court has refused to set aside third-party proceedings in personal injuries proceedings where it was claimed that the defendant had delayed by two years in joining the third party. The court determined that the defendant had acted reasonably by waiting for replies to particulars and gatheri

The High Court has ruled that a plaintiff in personal injuries proceedings was not entitled to receive monies equivalent to his total sick pay in order to compensate his employer. The plaintiff claimed that he had provided an undertaking to his employer to repay approximately €40,000 in sick p

A senior personal injury lawyer and former president of the Law Society has said insurance firms "are laughing at you all" after a sharp decline in personal injury awards was not matched with a decrease in insurance premiums. Stuart Gilhooly SC took to Twitter to make the comments in response to an

Average awards through the Personal Injuries Assessment Board (PIAB) have declined by 42 per cent since the introduction of new personal injury guidelines, according to new figures.

Plans to transform the Personal Injuries Assessment Board (PIAB) into a quasi-judicial body comparable to the Workplace Relations Commission could be revisited later despite being abandoned by the government on the advice of the Attorney General, a minister has said. Robert Troy, minister of state i

A personal injury solicitor returned €2,000 in legal costs to a client after she complained to the Legal Services Regulatory Authority (LSRA) that she did not know her costs would not be fully covered by her settlement with the defendant. The complainant had settled a personal injury action for

The Court of Appeal has dismissed an appeal by a defendant in medical negligence proceedings which sought to compel the plaintiff to deliver expert reports. The defendant argued that the plaintiff had not properly particularised her claims of negligence and that the expert reports were necessary for

Belfast-based Paschal O'Hare Solicitors has announced the opening of its third office, located in Glengormley, Newtownabbey. The personal injury specialist firm, founded in 1969, now has offices in Belfast city centre, Carrickfergus and Glengormley, which are used to meet with clients from across No

The personal injury discount rate in Northern Ireland has been set to -1.5 per cent following the first review under the new legislative framework established this year. The review, which has been welcomed by personal injury lawyers, was carried out by the government actuary under the methodology pr

The High Court has awarded €8,500 for injuries sustained to a child after he was cut by a ceiling fan after his father lifted him up. The child received a small but permanent scar behind his ear. The father claimed that he had twice complained to hotel staff about the low ceiling fan but was no

A change in the law to require court approval of all children's compensation claims in Northern Ireland has been backed by an overwhelming majority of responses to a Department of Justice consultation.