Personal Injury

The High Court has refused an application to dismiss a plaintiff’s personal injuries action on the grounds that it was bound to fail. The defendants argued that the plaintiff could not succeed because she had signed a waiver agreement which waived any right of action against the defendants. Ho

The setting of a new personal injury discount rate (PIDR) for Northern Ireland could be jeopardised by the possible collapse of the Northern Ireland Assembly, an insurance law expert has warned. The Damages (Return on Investment) Bill, which introduces a statutory methodology for calculating the dis

A new personal injury discount rate will be set early next year following the passing of new legislation. The Damages (Return on Investment) Bill completed its final stage in Stormont yesterday and is expected to receive royal assent before the end of January 2022, after which a new rate will be set

Jason O'Sullivan, solicitor and public affairs consultant at J.O.S Solicitors, calls on Irish insurers to make good on their promises to lower premiums. The lobbying and public affairs industry in Ireland plays an important role in helping to shape public policy and legislative agendas. It is an imp

Personal injury lawyers have called on the Irish government to establish a statutory compensation scheme for vaccine-related injuries. An expert group chaired by Mr Justice Charles Meenan recommended in December 2020 that the government establish a vaccine compensation scheme "as a matter of urgency

Motor insurance premiums fell by seven per cent last year in the last full year before the introduction of new personal injury guidelines, according to new figures. The Central Bank's third National Claims Information Database (NCID) report on private motor insurance reveals that the average earned

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

Alison Cassidy, partner at DAC Beachcroft in Belfast, comments on Northern Ireland's low personal injury discount rate. It has been over five months since the Department of Justice made a shock announcement to change the personal injury discount rate (PIDR) from +2.5 per cent to -1.75 per cent, leav

Judges are unsure as to who among them should hear a series of legal challenges to new personal injury guidelines because nearly all judges voted on them, according to reports. There are now at least five sets of proceedings in the High Court taking aim at the new guidelines, raising issues such as

The Court of Appeal has rejected an appeal by the Health Service Executive (HSE) to dismiss a plaintiff’s claim for personal injuries arising from the circumstances of her birth. The HSE sought to strike out the proceedings which issued 41 years after the birth of the plaintiff, arguing that i

The High Court has ruled that a scratch golfer who lost his index finger while assisting his golf club was entitled to €100,000 in damages arising from the accident. In so finding, the court held that the plaintiff was not a member of the club at the time and was therefore entitled to pursue th

A virtual conference hosted by global legal business DWF will examine Northern Ireland's interim personal injury discount rate (PIDR) of -1.75 per cent, which the firm describes as the lowest in Europe. The sector-wide conference will consider the changes and their repercussions, which could see sub

Most personal injury claimants are no longer accepting awards by the Personal Injuries Assessment Board (PIAB) following the introduction of the Judicial Council's new personal injury guidelines, new figures show. A new report from PIAB shows that award levels have declined by 40 per cent on average

The Court of Appeal has ordered a full rehearing of a personal injuries case after the court determined that the trial judge had failed to engage with essential aspects of the evidence. The court held that it was “surprising and unfortunate” that the trial judge failed to recognise that

The Court of Appeal has reduced a personal injuries award by €35,000 on the basis that the trial judge failed to adequately set out reasons for the original award of €210,000. While the court agreed that the accident in the proceedings was “horrendous”, the court held that the