Personal injury law

High Court: Trip-and-fall claim dismissed because plaintiff failed to look where he was walking

The High Court has dismissed a personal injuries action in a trip-and-fall case on the basis that the plaintiff failed to look where he was walking at the time of the accident.

Published 22 July 2021

Court of Appeal: Order of garnishee for the satisfaction of damages in litigation upheld against company

The Court of Appeal has upheld an order of garnishee which was made to satisfy a damages award against a company in personal injury proceedings. The garnishee order was granted following the settlement of separate proceedings taken by the company against its insurance broker and underwriter.

Published 9 July 2021

Consultation on approval of compensation settlements for children

A consultation has been launched seeking views on possible legislation to require all compensation settlements to children for personal injuries to be approved by a court.

Published 8 July 2021

JMK Solicitors to roll out secure document sharing portal to defendant law firms

Plaintiff personal injury firm JMK Solicitors has successfully trialled a new initiative to securely share documents with defendant law firms.

Published 8 July 2021

High Court: Personal injuries judge defends use of consent orders for determining RBA liability

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.

Published 7 July 2021

High Court: Personal injuries claim not statute-barred following supplemental application to PIAB to join a defendant

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.

Published 30 June 2021

Court of Appeal: €69,000 award upheld for injuries sustained in low-speed car accident

The Court of Appeal has upheld a €69,000 award of damages for a man who suffered injuries as a result of a low-speed car accident.

Published 16 June 2021

High Court: Personal injuries claim struck out against Swedish airport for want of jurisdiction

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.

Published 14 June 2021

Bill requiring insurers to explain impact of personal injury guidelines on premiums postponed

Legislation which would require insurance companies to explain how new personal injury guidelines have impacted their premiums has been put on hold for nine months.

Published 3 June 2021

High Court: Discovery ordered in personal injuries case despite defendant claiming privilege against self-incrimination

The High Court has granted discovery against a defendant in personal injuries proceedings, rejecting a submission that discovery infringed the defendant’s right to self-incrimination.

Published 2 June 2021

More personal injury cases to be heard remotely with new technology

Personal injury cases involving witnesses can now be heard remotely following the roll-out of more advanced technology, the Courts Service of Ireland has announced.

Published 20 May 2021

High Court: Renewal of summons not justified by bringing application before Statute of Limitations expires

The High Court has set aside the renewal of a personal injuries summons on the grounds that there were no special circumstances to justify the renewal.

Published 19 May 2021

Court of Appeal: Plaintiff ordered to pay differential costs and appeal costs after damages were reduced by court

The Court of Appeal has made a differential costs order against a plaintiff in personal injuries proceedings after her award was substantially reduced on appeal. Further, the court ordered the plaintiff to pay the defendants’ costs of the appeal as well.

Published 12 May 2021

New personal injury guidelines now in effect

New personal injury guidelines providing for significantly reduced payouts in most cases came into effect on Saturday.

Published 26 April 2021

Personal injury guidelines 'swing pendulum too far' in favour of insurers

New personal injury guidelines coming into effect tomorrow will give insurers too much of an advantage over claimants, the Law Society of Ireland has said.

Published 23 April 2021