Search: personal injuries

A man who was thrown off a horse while he was working at a farm in Cork has been awarded €77,345 in the High Court. Finding that the employer was liable for the accident due to his decision to park his tractor in a location which was likely to spook the horses when they rode past it, Mr Justice

A 68-year-old man who was knocked off his bicycle when he attempted to enter an access road from a pedestrian pathway has had his claim for personal injuries dismissed. Concluding that the real and proximate cause of the accident was the man's use of the pedestrian pathway as a cycleway and his fail

Amendments to the Judicial Council Bill brought forward by Justice Minister Charlie Flanagan have been published by the Oireachtas. The amendments provide for a Personal Injuries Guidelines Committee to be established by the Judicial Council. They will be discussed today at Report and Final Stages o

A meeting of the seven "members designate" of the Personal Injuries Guidelines Committee will be convened early next week by Ms Justice Mary Irvine of the Supreme Court, Ireland's top judge has announced. The Chief Justice, Mr Justice Frank Clarke, confirmed that he had designated the membership of

Ministers are planning to bring proposals to the Dáil to protect sports clubs from some personal injuries claims, according to reports. Michael D'Arcy, minister of state with responsibility for insurance reform, told the Irish Independent that proposals to amend the Civil Liability Act and th

The Court of Appeal has found a Centra shop and a security company liable for personal injuries which were sustained in a brawl outside the store premises. The plaintiff, Mr Cian McCarthy, suffered significant brain injuries when he was assaulted by a pedestrian after he was ejected by security staf

The Court of Appeal has ruled that the defendants in a personal injuries action must provide further information to the plaintiff about a “bald denial” in their defence. The plaintiff had argued that section 13 of the Civil Liability and Courts Act 2004 required the defendant to provide

Lawyers and courts staff have been invited to complete an anonymous survey aimed at gauging the impact of the Covid-19 pandemic on the personal injuries legal system. Barrister Chloë Cass is conducting the online survey to form the basis of a paper and talk for a personal injury claims conferen

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

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 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

The High Court has ruled that a plaintiff in personal injuries proceedings was not entitled to receive monies equivalent to his total sick pay in order to compensate his employer. The plaintiff claimed that he had provided an undertaking to his employer to repay approximately €40,000 in sick p

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

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

Thousands of personal injuries claims could be made against American companies in the Irish courts because of a landmark US Supreme Court decision, the Irish Independent reports. The ruling in Bristol-Myers Squibb Co. vs. Superior Court of California is understood to effectively prevent people outsi