News & Insights
‘Unacceptable’ litigation culture on expert evidence needs to change, judges warn (via Irish Times)
New law and rules may be needed to combat the ‘hired gun’ syndrome, says Court of Appeal The Court of Appeal (COA) has warned expert witnesses and lawyers there needs to be a “significant change” in an “unacceptable” litigation culture concerning the use of expert evidence. The three-judge COA voiced particular concern that it is […]
Read More€30,000 settlement for girl who fell and cut her head on school chair while coming in from yard (via Independent.ie)
A girl who fell as she was coming in from her school playground and hit her head on a chair has settled a High Court action for €30,000. Lara Higgins was five when she suffered a laceration near her left eye area after she fell forward and struck her head on the chair which was […]
Read MoreHigh Court upholds the constitutionality of the personal injuries guidelines (via Lexology)
By LK Shields A decision of the High Court of Ireland has upheld the constitutionality of the Personal Injuries Guidelines. The Personal Injuries Guidelines have replaced the Book of Quantum in all personal injury claims. To read the full story please visit: https://www.lkshields.ie/news-insights/news/high-court-upholds-the-constitutionality-of-the-personal-injuries-guidelines
Read MoreInsurers run out of excuses for high premiums as awards for compensation close to 15-year low (via Independent.ie)
In the first six months of this year, the average award through the PIAB scheme to claimants was €14,786 The number of personal injury compensation claims this year is expected to be at the lowest level for 15 years, with pressure mounting on insurers to start putting money back into the pockets of policyholders. Thousands […]
Read MoreMan loses €60,000 personal injury case against Dublin’s Merrion Inn (via Irish Times)
Michael Ryan (67), from Booterstown, uses crutches to walk and alleged that he slipped on wet tiles in pub’s accessible toilet A Dublin man, who uses crutches to walk, has lost a €60,000 personal injuries claim against the owners of Dublin’s Merrion Inn over a fall in the pub’s accessible toilet. Michael Ryan (67), of […]
Read MoreMean PIAB award down 38%, with 75% below €15,000 (via The Law Society)
The Personal Injuries Assessment Board (PIAB) says that its average award in the first six months of this year was €14,786. It says that this was 38% below the figure for 2020, when the Book of Quantum was being used to assess awards for personal-injury claims. In April 2021, the new Personal Injury Guidelines adopted […]
Read More€15m maternity hospital settlement for boy with autism is biggest of its kind (via Independent.ie)
The High Court has approved a €15m settlement in a case in which a hospital apologised to a teenage boy with autism and his family for the failings in care after his birth. HIs counsel, Dr John O’Mahony SC, with Cian O’Mahony BL, told the court it was the biggest settlement in such a case […]
Read More‘What harm would it have done for HSE to say sorry?’ – Family of cervical cancer victim settle legal action over alleged misdiagnosis (via Independent.ie)
The widower of a woman who died of cervical cancer has settled a High Court action over the alleged misdiagnosis of her smear slide for €675,000. Microbiologist and mother-of-five Elaine Flannery, mother of singer songwriter Mick Flannery, was 59 when she died from metastatic cervical cancer in October 2014. Her widower David Flannery (70), a […]
Read MoreKerry boy (12) left with brain injury after car crash settles case for almost €10m (via Breaking News.ie)
A 12-year-old boy who, when he was a baby suffered a traumatic brain injury after he was propelled from a car as it suddenly went out of control and struck a ditch, has settled a High Court action for almost €10 million. Patrick O’Leary from Listowel in Kerry was just nine months old and sitting […]
Read MoreWorker withdraws personal injuries claim after forgetting alleged accident date (via Irish Times)
Zoubir Guelmi claimed he suffered back injuries as a result of an accident on warehouse floor Zoubir Guelmi’s job with XPO was to clean trays mainly supplied to Tesco for home and other deliveries. He said that towards the end of his night shift on May 30th, 2015, a pallet of up to 20 cleaned […]
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