News & Insights
High Court: Revenue and TAC erred in interpretation of s.87(1) of the Taxes Consolidation Act 1997
The High Court clarifies that debt forgiveness should not be treated as a trade receipt under tax law. Learn more about this important ruling here.
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Irish Court Rules Arbitration is for Everyone
The High Court recently addressed a case involving Michael Flatley and his insurers, Hiscox, over an arbitration clause in his insurance policy for his renovated mansion. The court assessed whether the clause was unfair to Mr Flatley as a consumer.
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Motor insurance costs rise slightly in first half of 2023, as damage claim costs soar
The Alliance for Insurance Reform also remarked that the figures ‘the only ones that benefit from settling though litigation are the legal profession’.
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In upholding the Personal Injuries Guidelines, one Supreme Court judge hinted at further reform
Recently, the Supreme Court delivered the much-anticipated ruling on the validity of the Personal Injuries Guidelines, which generally cut the awards of damages in personal injuries cases following their introduction in 2021. In short, the Supreme Court determined that the guidelines were validly introduced and remain in force, although the seven judges had very different reasons for […]
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Court of Appeal slashes insurance award to comply with injury guidelines
Court of Appeal reduces damages award due to error of law. Guidelines for personal injury not followed. Detailed breakdown of case and final ruling provided.
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Contracts and the rights of third parties – new developments in Ireland
Introduced as a private members’ bill, the introduction of the Law Reform (Contracts) Bill 2024 to Ireland’s Oirechtas in March 2024 is a step towards aligning Irish contract law with evolving jurisprudence around the enforceability of third-party rights in contracts. How will it work? That a benefit may be conferred on and enforced by a […]
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Why is it taking so long to introduce a workable PPO for catastrophically injured plaintiffs?
A Periodic Payment Order (PPO) is meant to provide financial security to a catastrophically injured plaintiff and is (in theory at least) designed to meet the cost of care and therapy needs over the course of their lifetime. In short, a PPO is supposed to give the catastrophically injured claimant more certainty and less risk […]
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Government delay to civil justice reform speaks to a wider indifference to the court system
In May 2022, the Department of Justice outlined a plan to implement reforms to civil procedures in the courts. In June 2024, with just a year left for the current government, lawyers are still waiting for the reforms to be legislated, writes Killian Flood. In May 2022, the Department of Justice published the Implementation Plan on […]
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Court imposes 5% costs penalty for solicitor’s failure to comply with Mediation Act 2017
In a recent High Court decision, Mr Justice Kennedy imposed a 5% costs penalty on the Plaintiffs because their solicitor did not advise them to consider mediation in accordance with section 14 of the Mediation Act 2017. Statutory Obligation to Advise on Mediation Section 14 of the Mediation Act 2017 (the Act) provides that a […]
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Collective Redundancies Following Insolvency – Enhanced Creditor Protections
The Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024 (the “Act”) was signed into law by the President on 9 May 2024 and is awaiting commencement by Ministerial Order. The Act amends existing company law and employment law provisions, designed to enhance the protection afforded to employees in a collective redundancy situation following company insolvency. […]
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Court grants judgement against former director of motor dealership
High Court grants €117,500 judgment against former director in favor of Renault dealer Setanta Vehicle Sales Limited. Summary judgment based on personal guarantee.
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60% Disagree That ‘Easy Money’ and Big Payouts Are Reasons for Large Volume of Injury Claims
A significant 60% of people do not believe that ‘easy money’ and large payouts are the primary reasons behind the high volume of injury claims, highlighting a widespread perception of the claims process as being largely fair and legitimate.
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