Personal Injury

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. Mr Justice Kevin Cross held that it was a “universal practice” in personal injuri

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. The principal issue in the case was whether the plaintiff’s application under section 46(3) of the Personal Injuries Assessment Board Act 2003 to a

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. The defendant had claimed in the appeal that the impact of the collision was too slight for any injuries to be caused, arguing that only about €500 of damage w

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. However, Ms Just

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. The Judicial Council (Amendment) Bill 2021, a private member's bill introduced by Sinn Féin TD Pearse Doherty, cleared the secon

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. The claim was made by the defendant company that, arising out of a prosecution by the Health and Safety Author

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. There were difficulties with the Pexip platform used for remote hearings since the start of the Covid-19 pandemic in cases involvi

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. The principal issue in the case was whether the bringing of the renewal application prior to the expiry of the Statute of Limitations could amount t

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. The plaintiff had previously received &

New personal injury guidelines providing for significantly reduced payouts in most cases came into effect on Saturday. The guidelines, approved by the Judicial Council last month, were brought into force through legislation which commenced on Saturday 24 April.

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. "The pendulum has swung too far in favour of the insurance industry," Law Society president James Cahill said today as he called for the balance

Compensation claims by gardaí for injuries sustained in the line of duty will be brought within the Personal Injuries Assessment Board (PIAB) process under new legislation. Gardaí currently have to apply for authorisation from the Department of Justice to seek compensation in the High

The Court of Appeal has overturned a €56,000 award for a damaged finger on the basis that the plaintiff failed to prove the case that was pleaded and presented to the trial judge. The court said that the “essential basis upon which the trial judge held the defendants to be negligent was n

The Court of Appeal has overturned an €80,000 award in damages for psychiatric injury for an electrician who avoided being electrocuted when trying to repair a street light. The court ruled that the plaintiff failed to properly satisfy the test set out in Kelly v. Hennessy [1995] 3 IR 253 becau

Former High Court president Mr Justice Peter Kelly has cast doubt on whether reduced personal injury payouts will lead to cheaper insurance premiums. In an interview with The Irish Times, he compared the introduction of new personal injury guidelines to the abolition of juries in High Court personal