News & Insights
Court of Appeal: High Court personal injuries award reduced following ‘reality check’
The Court of Appeal has substituted a High Court award totalling €90,000 in general damages for physical and psychological injuries sustained by a woman in a gas explosion at her workplace. Delivering judgment for the Court of Appeal, Mr Justice Seamus Noonan commented that when compared with various individual injuries covered by the Personal Injuries […]
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Pay Now, Argue Later: Unravelling the Townmore Judgement’s Impact on Irish AdjudicationsJudical review and statutory adjudication
The recent “Townmore” judgement in Ireland sheds some light on the ongoing legal debate about the role of judicial reviews in statutory adjudications, emphasizing the “pay now, argue later” principle highlighted in the Construction Contracts Act 2013, and indicating that early judicial reviews could contradict the act’s intent of prompt payment, although the option for judicial review post the final decision on substantive disputes remains undetermined.
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Transforming Personal Injury Resolution: PIAB’s New Framework
The Personal Injuries Assessment Board (PIAB) has undergone a substantial overhaul, introducing mandatory medical reports, identification requirements, and detailed incident descriptions to expedite personal injury claim resolution as of September 4, 2023. These changes, along with measures already in place such as deemed offers of tender and extended claim retention, aim to reduce fraudulent claims, enhance efficiency, and ultimately lower costs for insurers.
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Increase in ‘big-money’ divorce cases
A record number of divorce applications were brought to the High Court last year, with a 10 per cent increase in cases with more than €3 million in assets at stake, according to reports.
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Dublin man who made 12 injury claims tells judge to f**k off after being caught lying
This is the serial litigant who has been awarded €140,000 in multiple personal injury claims and told a judge to “f*** off” after he struck out his latest claim after being caught repeatedly lying on the stand. Dublin man Paul Weldon (57), who has taken 12 separate personal injury claims in 20 years, was seeking […]
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Settlement of €200,000 for girl (12) who sued over alleged delay to hearing loss diagnosis
Lawyers for Caitlin Higgins claims she should have been referred to specialist when she failed distraction test during general health check at seven months old
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Proceedings should be brought against ‘persons unknown’ only in exceptional circumstances – Supreme Court
‘Principled and pragmatic reasons’ why procedure should remain exceptional, says judge
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Worker awarded €10,500 after she was sacked over ‘hate speech’ Facebook post
Irene Glynn said her employer, the Carlow Dental Centre, gave her no opportunity to defend herself before sacking her
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Plaintiff fails in application to have affidavit struck out on the grounds that it exhibited without prejudice correspondence
The High Court has refused an application by a plaintiff to strike out certain aspects of a defendant’s affidavit on the grounds that it exhibited without prejudice correspondence. The parties had previously engaged with a view to resolving a contractual dispute in advance of litigation and the plaintiff had retrospectively sought to mark the correspondence […]
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Judge critical of ‘overly meticulous approach’ to legal costs hearings
The High Court has ruled that successful plaintiffs in a circuit appeal were entitled to the full legal costs of the hearing and rejected taking an “overly meticulous approach” to legal costs. The defendants had argued that the plaintiffs were not entitled to their legal costs because they had not been successful on an allegation […]
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High Court: State may immediately enforce costs order against litigants who claimed Covid vaccine was Bill Gates’ plan to depopulate Earth
The High Court has refused to place a stay on a costs order obtained against litigants who had brought proceedings alleging that the Covid vaccine was a plan by Bill Gates to depopulate the Earth. The State successfully opposed a motion brought by the litigants for a protective costs order on the basis that the […]
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Employee awarded €2,000 for non-material damage arising from data breach by employer in training video
The Circuit Court has awarded €2,000 to an employee for non-material damage arising from a data breach by his employer. The plaintiff was identifiable in a training video relating to unacceptable work standards which was seen by management. Delivering judgment in the case, His Honour Judge John O’Connor applied the principles from case law (such […]
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