Personal Injury

The High Court has determined that St James's Hospital has no liability for a widow's psychiatric injury which arose from witnessing her late husband's declining health from terminal lung cancer, where his diagnosis was initially missed by the hospital's radiologist. Delivering judgment for the High

Periodic payments in personal injuries cases involving catastrophically injured people will increase with inflation under proposed new regulations. The Department of Justice today published the reports of the interdepartmental group on the indexation rate for periodic payment orders and the independ

The High Court has determined that a plaintiff’s claim against Alstom Transport Ireland Ltd is not statute-barred despite her former solicitors having initially identified the company in a pre-litigation letter in 2018. Delivering judgment for the High Court, Mr Justice Anthony Barr confirmed

Revisions to the personal injuries guidelines will require the approval of the Oireachtas under legislative changes proposed in response to the Supreme Court ruling in the Delaney case. The Courts, Civil Law, Criminal Law and Supperannuation (Miscellaneous Provisions) Bill 2024 will make the necessa

The High Court has awarded €228,160 to a site supervisor who fell from an unguarded stairwell while using an angle grinder, causing him to suffer severe personal injuries. Delivering judgment for the High Court in May, Ms Justice Leonie Reynolds remarked that the plaintiff’s employer &ldq

The Court of Appeal has dismissed an appeal against a €91,000 High Court award to a patron who slipped on a wet dancefloor in Charleville Park Hotel during a wedding reception. Delivering judgment for the Court of Appeal in November 2023, Mr Justice Seamus Noonan opined: “The fact that th

The Injuries Resolution Board marked its 20th anniversary with a conference in Dublin yesterday. Titled ‘Twenty Years On – The Changing Personal Injuries Environment’, the conference heard from international and Irish experts discussing the impact of reforms in the personal injurie

The Injuries Resolution Board's mediation service now covers public liability injury claims in addition to employer liability injury claims. Legislation commenced from today continues the roll-out of the mediation service which was first launched in December 2023 alongside the rebranding of the form

The High Court has found that gardaí did not have adequate regard to the An Garda Siochána Code when attempting a ‘compliant stop’ of a civilian vehicle which resulted in a collision. Delivering judgment for the High Court, Mr Justice Tony O’ Connor stated that &ldquo

The High Court has confirmed that the imposition of District Court scale fees in Circuit Court personal injuries proceedings did not fall foul of the prohibition on scale fees in s.17(4) of the Courts Act 1981. Delivering judgment for the High Court, Mr Justice Anthony Barr considered: “At the

Personal injury lawyers have expressed disappointment with the outcome of a consultation carried out ahead of a review of Northern Ireland's personal injury discount rate. The Department of Justice recently published its response to a consultation on the parameters for the 2024 review of the rate, w

Northern Ireland's new Green Book will provide "more clarity and consistency" in personal injury awards, Clyde & Co has said. The global law firm recently welcomed senior insurance leaders to its Belfast office to consider the likely impact of the changes published in the sixth edition of the Gr

Justice minister Helen McEntee has indicated that new legislation will follow the Supreme Court's landmark ruling on the personal injuries guidelines. A majority of Supreme Court judges yesterday held that the relevant section of the Judicial Council Act 2019 is unconstitutional, but that the guidel

A majority of the Supreme Court has determined that s.7(2)(g) of the Judicial Council Act 2019 which required the adoption by the Judicial Council of the 2021 Personal Injuries Guidelines is unconstitutional, but that the Guidelines remain in force in law being that were subsequently ratified by the

The personal injuries guidelines drawn up by the Judicial Council are legally binding, the Supreme Court has ruled. In the complex case of Bridget Delaney v. the Personal Injuries Assessment Board & Others, the court ruled by 4-3 that part of the Judicial Council Act 2019 relating to the making