Search: personal injuries

The Court of Appeal has dismissed an appeal against a High Court decision, in which Kearns J held that the Personal Injuries Assessment Board (PIAB) could not issue a second authorisation allowing a claim for damages to be brought, in respect of the same facts and injury. The case began with an inci

New legislation to enhance the role of the Personal Injuries Assessment Board (PIAB) is due to come into operation tomorrow. The Personal Injuries Assessment Board (Amendment) Act 2019 strengthens the PIAB to ensure greater compliance with the process and encourage more claims to be settled through

The Chief Justice of Ireland, Mr Justice Frank Clarke, has identified judges to sit on the Judicial Council's personal injuries guidelines committee, he announced this morning. Ireland's top judge told Insurance Ireland's annual fraud conference in Dublin that he had picked judges from the High Cour

Legislative amendments to bring the Judicial Council's new personal injuries guidelines into effect have been agreed by ministers. Justice Minister Helen McEntee yesterday secured approval from his colleagues to make the necessary amendments to the Judicial Council Act 2019 and the Personal Injuries

The personal injuries guidelines should be urgently reviewed in light of inflation and the increasing cost of living, a solicitor has said. While inflation in Ireland was at -0.33 per cent when the guidelines were adopted in 2020, it has now risen to 9.1 per cent, the highest level in 38 years, driv

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

Four models for capping personal injury awards have been set out by the Law Reform Commission in an issues paper published today. The Cost of Insurance Working Group (CIWG) and the Personal Injuries Commission (PIC) previously recommended that the law reform body should examine whether a statutory c

Proposals for a statutory cap on personal injuries payouts have been rejected by the solicitor and barrister professions. The Law Reform Commission last year set out four models for capping personal injury awards.

The High Court has struck out a personal injuries claim against a Swedish airport, stating that Ireland did not have jurisdiction to hear and determine the case. The plaintiff had pleaded that the Montreal Convention and Brussels Regulation Recast granted jurisdiction in the matter. However, Ms Just

The High Court has allowed an appeal against a Circuit Court ruling that a personal injuries claim was statute-barred against a set of defendants. The principal issue in the case was whether the plaintiff’s application under section 46(3) of the Personal Injuries Assessment Board Act 2003 to a

A High Court judge has delivered a strong judgment regarding the practice in the personal injuries list of making consent orders which determine the amount of recoverable benefits to be paid by tortfeasors. Mr Justice Kevin Cross held that it was a “universal practice” in personal injuri

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

The Court of Appeal has allowed an appeal to reduce a general damages award from €155,000 to €95,000 on the basis that the trial judge did not properly assess general damages under the Book of Quantum. Further, the court held that the plaintiff was liable in contributory negligence for his

Proposed legislation which will transform the Personal Injuries Assessment Board (PIAB) into an enhanced Personal Injuries Resolution Board (PIRB) has been published. Publishing the draft bill today, Robert Troy, minister of state for trade promotion, digital and company regulation, said the bill wo

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