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
Personal Injury
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
Motor insurance premiums decreased by an average of two per cent in the first year of the new personal injury guidelines, according to new figures from the Central Bank of Ireland. The fourth annual private motor insurance report of the National Claims Information Database (NCID) covers the period f
The High Court has held that insurance companies are not entitled to recover monies under the Recovery of Benefits and Assistance Scheme where they have settled personal injuries cases outside of court. It was held that a “consent settlement order” was not an “order of the court&rd
The Court of Appeal has dismissed an appeal brought by a defendant in a personal injuries action in which the High Court rejected an application to dismiss the proceedings pursuant to section 26 of the Civil Liability and Courts Act 2004. The High Court had determined that the defendant had improper
The High Court has dismissed an appeal in a personal injuries action where the plaintiffs were exposed to toxic chemicals following the installation of spray foam insulation. In reaching this decision, the court was highly critical of expert evidence which was led by the defendant. Mr Justice Seamus
Acceptance rates for assessments by the Personal Injuries Assessments Board (PIAB) are returning to levels prior to the introduction of the personal injury guidelines last year, the government has said. Average general damages as assessed by PIAB have decreased by 44 per cent since the guidelines we
Grieving families are still being denied justice in Northern Ireland despite an increase in compensation, lawyers have warned. The sum paid to relatives eligible for a statutory compensation payment for their bereavement has increased from £15,100 to £17,200 as of this week.
The High Court has struck out a plaintiff’s personal injuries claim for damages arising from bullying and harassment in the workplace on the basis that the proceedings were statute-barred. The plaintiff had lodged a PIAB application 10 months outside the two-year limitation period but claimed
The Personal Injuries Assessment Board (PIAB) will assess claims from gardaí injured as a result of malicious incidents under legislation approved by the Oireachtas. The Garda Síochána (Compensation) Bill 2021 provides for a complete overhaul of the current Garda compensation sc