Personal Injury

The Court of Appeal has substituted an award of the High Court for personal injuries sustained by a cyclist involved in a road traffic accident with a bus. Delivering judgment for the Court of Appeal, Mr Justice Seamus Noonan found that the High Court had largely ignored the evidence tendered on beh

The Court of Appeal has allowed an appeal from dismissal of a personal injuries claim for want of prosecution, finding that “no concrete prejudice” was pointed to by the State defendants, and that they were too late to bring the motion to dismiss the plaintiff’s claim. Delivering j

The Court of Appeal has substituted a High Court award totalling €90,000 in general damages for physical and psychological injuries sustained by a woman in a gas explosion at her workplace. Delivering judgment for the Court of Appeal, Mr Justice Seamus Noonan commented that when compared with v

New requirements for applications to the Personal Injuries Assessment Board (PIAB) have come into effect as of today. Claimants are now required to provide their Personal Public Service Number (PPSN) or another form of ID, and to sign their application forms.

Significant changes to duty of care legislation which place more responsibility on individuals have come into effect from today. The amendments to the Occupiers Liability Act 1995 under the Courts and Civil Law (Miscellaneous Provisions) Act 2023 form part of the government's work on insurance refor

The High Court has awarded €69,000 in damages to a delivery driver who suffered a knee injury after stepping into a pothole while alighting his vehicle. The defendant was Tipperary County Council which was the authority in charge of the road. Delivering an ex tempore judgment in the case, Mr Ju

The High Court has dismissed a personal injuries action brought against a school by a former student alleging negligence in the conduct of a PE class. The student claimed that a relay race had been organised negligently and, as a result, he fell into a wall. Delivering judgment in the case, Ms Justi

The High Court has refused a school’s application to dismiss personal injuries proceedings for delay despite the plaintiff’s solicitors failing to respond to requests for a hearing date for 20 months. The plaintiff was a former student at the school who alleged that she was pushed down t

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