Justice minister Helen McEntee has indicated that new legislation will follow the Supreme Court's landmark ruling on the personal injuries guidelines. A majority of Supreme Court judges yesterday held that the relevant section of the Judicial Council Act 2019 is unconstitutional, but that the guidel
Personal Injury
A majority of the Supreme Court has determined that s.7(2)(g) of the Judicial Council Act 2019 which required the adoption by the Judicial Council of the 2021 Personal Injuries Guidelines is unconstitutional, but that the Guidelines remain in force in law being that were subsequently ratified by the
The personal injuries guidelines drawn up by the Judicial Council are legally binding, the Supreme Court has ruled. In the complex case of Bridget Delaney v. the Personal Injuries Assessment Board & Others, the court ruled by 4-3 that part of the Judicial Council Act 2019 relating to the making
Lacey Solicitors partner Ruaidhrí Austin examines the first update in five years to the 'Green Book' governing personal injury awards in Northern Ireland. The Judicial Studies Board for Northern Ireland has published the sixth edition of the Guidelines for the Assessment of General Damages in
JMK Solicitors is celebrating 10 consecutive years as Northern Ireland's most prolific personal injury firm. New figures from the Department for Communities' compensation recovery unit shows that JMK was instructed in 1,939 cases last year, more than double the next law firm providing personal injur
The High Court has stayed personal injury proceedings until the plaintiff submits to examination by a further expert orthopaedic surgeon retained by the defendant despite opposition on the basis of “expert-shopping”. Delivering judgment for the High Court, Mr Justice David Holland stated
The High Court has made an order for security for the Dublin Airport Authority’s costs in a personal injury dispute involving a UK resident. Delivering judgment for the High Court, Ms Justice Marguerite Bolger highlighted that “the question is whether it would be more difficult or expens
The High Court has determined that a garda who collided with a driver who pulled out in front of him is entitled to €85,000 in general damages. Delivering judgment for the High Court, Mr Justice Paul Coffey had particular regard to the fact that the man’s “main injuries were to diff
The Personal Injuries Assessment Board (PIAB) has become the Injuries Resolution Board, with an enhanced role and the expansion of its services to include mediation.
Half of all personal injury claims relating to motor accidents were settled under the personal injuries guidelines last year, according to new figures. The Central Bank of Ireland today published the fifth annual private motor insurance report of the National Claims Information Database (NCID), whic
Average awards by the Personal Injuries Assessment Board (PIAB) were down by more than a third in the first full year since the introduction of the Personal Injuries Guidelines, according to its latest annual report. PIAB's average award in 2022 was €15,867, down by 34 per cent compared to 2020
The High Court has approved a PIAB assessment of €60,000 in respect of severe facial scarring and minor psychological injury suffered by the minor applicant in a road traffic accident. Delivering judgment for the High Court, Mr Justice Garrett Simons noted that the invitation to disapprove the
The Court of Appeal has dismissed a Cork hotel’s appeal against a €91,000 general damages award to wedding guest who slipped and fell on a wet dancefloor. Delivering judgment for the Court of Appeal, Mr Justice Seamus Noonan opined that in the absence of evidence concerning any system of
Northern Ireland’s Court of Appeal has upheld an appeal brought by a man in his 70s who claimed damages resulting from the fact that he was a secondary victim of asbestos exposure via his father’s employment at the Harland & Wolff shipyard. Delivering the judgment, Lady Chief Justice
Law firms Millar McCall Wylie and Paschal O'Hare Personal Injury Solicitors have come together with road safety charity Brake to offer specialist legal support to victims of bereavement and catastrophic injury following road crashes. The two firms have been selected for the new legal panel, co-ordin