Duty of care legislation will be reformed to restrict the liability of occupiers, the government has announced. The proposed amendments to the Occupiers' Liability Act 1995 will be included in the Courts and Civil Law (Miscellaneous Provisions) Bill 2022 as part of the government's push to reduce in
Personal Injury
The Court of Appeal has ruled that the Motor Insurers Bureau of Ireland was not liable for injuries sustained by a plaintiff after she lost control of her car. The plaintiff alleged that she crashed her car due to an oil spill on the road caused by the negligent use of an unidentified vehicle. Deliv
The High Court has refused to set aside third-party proceedings in personal injuries proceedings where it was claimed that the defendant had delayed by two years in joining the third party. The court determined that the defendant had acted reasonably by waiting for replies to particulars and gatheri
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
A senior personal injury lawyer and former president of the Law Society has said insurance firms "are laughing at you all" after a sharp decline in personal injury awards was not matched with a decrease in insurance premiums. Stuart Gilhooly SC took to Twitter to make the comments in response to an
Average awards through the Personal Injuries Assessment Board (PIAB) have declined by 42 per cent since the introduction of new personal injury guidelines, according to new figures.
Plans to transform the Personal Injuries Assessment Board (PIAB) into a quasi-judicial body comparable to the Workplace Relations Commission could be revisited later despite being abandoned by the government on the advice of the Attorney General, a minister has said. Robert Troy, minister of state i
A personal injury solicitor returned €2,000 in legal costs to a client after she complained to the Legal Services Regulatory Authority (LSRA) that she did not know her costs would not be fully covered by her settlement with the defendant. The complainant had settled a personal injury action for
The Court of Appeal has dismissed an appeal by a defendant in medical negligence proceedings which sought to compel the plaintiff to deliver expert reports. The defendant argued that the plaintiff had not properly particularised her claims of negligence and that the expert reports were necessary for
Belfast-based Paschal O'Hare Solicitors has announced the opening of its third office, located in Glengormley, Newtownabbey. The personal injury specialist firm, founded in 1969, now has offices in Belfast city centre, Carrickfergus and Glengormley, which are used to meet with clients from across No
The personal injury discount rate in Northern Ireland has been set to -1.5 per cent following the first review under the new legislative framework established this year. The review, which has been welcomed by personal injury lawyers, was carried out by the government actuary under the methodology pr
The High Court has awarded €8,500 for injuries sustained to a child after he was cut by a ceiling fan after his father lifted him up. The child received a small but permanent scar behind his ear. The father claimed that he had twice complained to hotel staff about the low ceiling fan but was no
A change in the law to require court approval of all children's compensation claims in Northern Ireland has been backed by an overwhelming majority of responses to a Department of Justice consultation.
The High Court has rejected a submission that judges who voted on the new Personal Injuries Guidelines should be recused from hearing a legal challenge to those Guidelines. The applicant brought judicial review proceedings seeking to challenge the adoption by the Judicial Council of the Guidelines o
The High Court has accepted a proposed settlement of €32,500 for a boy who lost the tip of his little finger while ice skating. In so ruling, the court held that the offer was appropriate in circumstances where there was a “real likelihood that the personal injuries claim would be dismiss