Personal Injury

The High Court has dismissed the claim of a woman who alleged that she suffered a right shoulder injury following a 2016 road traffic accident, in circumstances where the medical evidence did not support her claim and where the court had regard to her failure to call her treating GPs and the GP whos

Judges are to consider a proposal to increase the value of personal injury awards by 16.7 per cent to reflect the impact of inflation. The Judicial Council's personal injuries guidelines committee has drafted the first proposed update to the personal injuries guidelines since they came into force in

Motor liability injury claims are now covered by the mediation service offered by the Injuries Resolution Board (IRB). The new offering follows the roll-out in December 2023 of the IRB's mediation service for employer liability claims and its extension in May 2024 to cover public liability injury cl

The High Court has awarded €17,500 in general damages to a cleaner who gradually developed contact dermatitis on her hands through exposure to chemical cleaning substances at work. Delivering judgment for the High Court, Ms Justice Nuala Jackson determined that “the dermatitis in this ins

Comyn Kelleher Tobin (CKT) solicitor Chantal Feeney reviews a recent case which highlighted the distinction between misfeasance and non-feasance. In Breda Long v Tipperary County Council, the High Court ruled that the defendant in the case could not be held liable for the injuries that the plaintiff

Northern Ireland’s High Court has awarded £50,000 in damages against the Belfast Health and Social Care Trust and a consultant neurologist who negligently performed an unnecessary medical procedure. Delivering judgment for the High Court, Mr Justice Adrian Colton highlighted that “

Record levels of engagement with the Injuries Resolution Board led to savings of €75 million in avoided litigation costs in 2023, according to new figures. The board's annual report for 2023 shows that 71 per cent of respondents consented to an assessment, the highest since its establishme

The High Court has dismissed proceedings brought by a woman who tripped and fell over an electricity cable at a caravan park in Co Kerry. Delivering judgment for the High Court, Mr Justice Paul Coffey opined: “I am satisfied that on any objective assessment, the danger complained of was a feat

The High Court has dismissed a minor’s personal injury proceedings against a gym for delay in circumstances where 10 years had passed since the issuing of her personal injury summons. Delivering judgment for the High Court, Ms Justice Marguerite Bolger found that the 10-year delay in progressi

Northern Ireland's personal injury discount rate has been set at +0.5 per cent following a review. The new rate is welcome news for insurers and bad news for personal injury claimants, being a significant increase from the -1.5 per cent rate set in March 2022.

The High Court has refused to dismiss 2021 proceedings concerning the death of a man outside a Portlaoise nightclub in 2012 on the bases of the Statute of Limitations and delay. Delivering judgment for the High Court, Ms Justice Marguerite Bolger warned that although memories are normally assumed to

Kennedys lawyers Gearóid Corrigan and Sinéad Reilly lay out the issues in an ongoing Supreme Court case over a claim for non-material damages arising from a data breach. Is it necessary to get an authorisation from the Injuries Resolution Board (formerly PIAB) prior to issuing a claim

The High Court has determined that St James's Hospital has no liability for a widow's psychiatric injury which arose from witnessing her late husband's declining health from terminal lung cancer, where his diagnosis was initially missed by the hospital's radiologist. Delivering judgment for the High

Periodic payments in personal injuries cases involving catastrophically injured people will increase with inflation under proposed new regulations. The Department of Justice today published the reports of the interdepartmental group on the indexation rate for periodic payment orders and the independ

The High Court has determined that a plaintiff’s claim against Alstom Transport Ireland Ltd is not statute-barred despite her former solicitors having initially identified the company in a pre-litigation letter in 2018. Delivering judgment for the High Court, Mr Justice Anthony Barr confirmed