The Court of Appeal has upheld a finding of liability against Dunnes Stores for injuries suffered by an employee who fell from a wobbly ladder while stacking shelves. Dunnes Stores appealed the decision on the basis that the trial judge erred in his assessment of the evidence in the case. Delivering
Personal Injury
Emma Murphy of RDJ LLP discusses a recent High Court on Circuit case in which the firm acted and successfully appealed against Order 53, Rule 2(2) of the District Court Rules. The recent decision from Justice Miriam O’Regan in Teresa Field v Cork City Council, an appeal from the Circuit C
The High Court has allowed an amendment to a personal injuries summons which changed the method of accident from slipping on a wet floor to slipping on steps from a truck. The plaintiff was an employee of the defendant who claimed that he slipped during the course of his work in October 2014.
Mr Justice Michael Twomey is unpopular with lawyers because he is perceived as being on a "crusade" against litigation costs, according to The Irish Times. A senior counsel specialising in personal injury litigation told the newspaper that there is a "definite perception" that the High Court judge "
A number of key reforms to the Personal Injuries Assessment Board (PIAB) will come into effect from next week, the government has announced. Dara Calleary, minister of state for trade promotion and digital transformation at the Department of Enterprise, Trade and Employment, has signed a commencemen
The High Court has awarded €63,000 to a bus driver who was injured in an assault by an unidentified assailant during the course of his employment. The driver brought personal injuries proceedings against Bus Éireann claiming that the bus company failed to provide him with a safe place of
The High Court has determined that a defendant was entitled to discovery of a plaintiff’s post-accident medical records in a personal injuries case. It was held that post-accident records were clearly relevant to the proceedings and there was no reason why they should not be discovered. Delive
The High Court has dismissed a personal injury claim brought by a university student who fell from a bucking horse at an equestrian centre. The plaintiff suffered a significant back injury in the fall and brought proceedings against the equestrian centre and the university which organised the horse-
Northern Ireland's High Court has determined that a personal injury settlement which a man received two years before his bankruptcy did not form part of the bankruptcy estate. The court found that the sum satisfied a statutory exception, and should be excluded because it represented provisions neces
The High Court has dismissed two claims for personal injuries involving a minor accident on the basis that the plaintiffs gave "false and inconsistent" evidence in the case. A central feature of the case related to one of the plaintiffs being referred to medical consultants by her solicitor, which t
The High Court has awarded €89,000 to a man who received a tear to his rotator cuff and psychiatric damage in a road traffic accident. In so ruling, the court applied the principles contained in the Personal Injuries Guidelines for compensation for multiple injuries. Delivering judgment in the
The High Court has delivered two further decisions on the Recoverable Benefits and Assistance (RBA) Scheme, holding that it is permissible for practitioners to seek consent orders apportioning liability between the parties to personal injuries actions. In so ruling, the judges rejected the reasoning
Historic files consisting of claims for damages by individuals for injuries or death during the War of Independence and the Civil War are set to be released to the public next spring. The collection, which has been transferred from the Department of Finance to the National Archives, contains first-h
The Court of Appeal has allowed an appeal against the dismissal of two personal injuries claims for women who claimed to be injured while riding a swing in a playground with toddlers. A central feature of the case was a dispute between experts as to the minimum height clearance of the swing from the
Irish business group ISME will pay €75,000 to Limerick solicitor Gerard O'Neill as part of a settlement ending defamation proceedings he launched two years ago. Mr O'Neill, founder and principal of O’Neill & Co Solicitors, launched proceedings in the High Court in July 2020 after ISME