The High Court has rejected a submission that judges who voted on the new Personal Injuries Guidelines should be recused from hearing a legal challenge to those Guidelines. The applicant brought judicial review proceedings seeking to challenge the adoption by the Judicial Council of the Guidelines o
Personal Injury
The High Court has accepted a proposed settlement of €32,500 for a boy who lost the tip of his little finger while ice skating. In so ruling, the court held that the offer was appropriate in circumstances where there was a “real likelihood that the personal injuries claim would be dismiss
Plans to enhance and reform the Personal Injuries Assessment Board (PIAB) in a bid to encourage more claimants and respondents to use it have been given the go-ahead by ministers. The government has approved the general scheme of the Personal Injuries Resolution Board Bill and has now given the gree
The High Court has refused an application to dismiss a plaintiff’s personal injuries action on the grounds that it was bound to fail. The defendants argued that the plaintiff could not succeed because she had signed a waiver agreement which waived any right of action against the defendants. Ho
The setting of a new personal injury discount rate (PIDR) for Northern Ireland could be jeopardised by the possible collapse of the Northern Ireland Assembly, an insurance law expert has warned. The Damages (Return on Investment) Bill, which introduces a statutory methodology for calculating the dis
A new personal injury discount rate will be set early next year following the passing of new legislation. The Damages (Return on Investment) Bill completed its final stage in Stormont yesterday and is expected to receive royal assent before the end of January 2022, after which a new rate will be set
Jason O'Sullivan, solicitor and public affairs consultant at J.O.S Solicitors, calls on Irish insurers to make good on their promises to lower premiums. The lobbying and public affairs industry in Ireland plays an important role in helping to shape public policy and legislative agendas. It is an imp
Personal injury lawyers have called on the Irish government to establish a statutory compensation scheme for vaccine-related injuries. An expert group chaired by Mr Justice Charles Meenan recommended in December 2020 that the government establish a vaccine compensation scheme "as a matter of urgency
Motor insurance premiums fell by seven per cent last year in the last full year before the introduction of new personal injury guidelines, according to new figures. The Central Bank's third National Claims Information Database (NCID) report on private motor insurance reveals that the average earned
The Court of Appeal has allowed an appeal brought by a personal injuries plaintiff who argued that he did not need a Personal Injuries Assessment Board (PIAB) authorisation in order to institute the proceedings. The plaintiff alleged that he was injured from a defective hip replacement and the High
Alison Cassidy, partner at DAC Beachcroft in Belfast, comments on Northern Ireland's low personal injury discount rate. It has been over five months since the Department of Justice made a shock announcement to change the personal injury discount rate (PIDR) from +2.5 per cent to -1.75 per cent, leav
Judges are unsure as to who among them should hear a series of legal challenges to new personal injury guidelines because nearly all judges voted on them, according to reports. There are now at least five sets of proceedings in the High Court taking aim at the new guidelines, raising issues such as
The Court of Appeal has rejected an appeal by the Health Service Executive (HSE) to dismiss a plaintiff’s claim for personal injuries arising from the circumstances of her birth. The HSE sought to strike out the proceedings which issued 41 years after the birth of the plaintiff, arguing that i
The High Court has ruled that a scratch golfer who lost his index finger while assisting his golf club was entitled to €100,000 in damages arising from the accident. In so finding, the court held that the plaintiff was not a member of the club at the time and was therefore entitled to pursue th
A virtual conference hosted by global legal business DWF will examine Northern Ireland's interim personal injury discount rate (PIDR) of -1.75 per cent, which the firm describes as the lowest in Europe. The sector-wide conference will consider the changes and their repercussions, which could see sub