News & Insights
Guidelines slashing minor injury payouts interfere with independence of courts, judges told
Appeal over constitutionality of guidelines has major implications for future handling of personal injury awards
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Nervous Shock: The law on ‘secondary victims’
There is divergence between Ireland and Britain on the ‘proximity test’ in claims for ‘nervous shock’ for primary and secondary victims. The difference is difficult to reconcile – but will it last? In 2022, the Court of Appeal in Sheehan v Bus Éireanndelivered a helpful judgment restating the criteria for plaintiffs bringing claims for nervous […]
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Equality of arms
A High Court judge has taken aim at plaintiffs’ solicitors referring to medical consultants for the purpose of providing expert evidence. Stuart Gilhooly SC asks why the same ‘rule’ appears not to apply to defendants’ solicitors. The media, and clearly the general public who consume media, love a personal-injury story. Whether it is a large […]
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‘Taken for a ride’ – Cost of car insurance premiums on the rise again despite fall in claims costs
The most recent report from the PIAB, the average personal injury award by PIAB between January and June 2022 was €14,786, some 38pc lower than before the guidelines were implemented.
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Court of Appeal: €140,000 for Dunnes Stores employee who injured ankle in fall from a wobbly ladder
The Court of Appeal has upheld a finding of liability against Dunnes Stores for injuries suffered by an employee who fell from a wobbly ladder while stacking shelves. Dunnes Stores appealed the decision on the basis that the trial judge erred in his assessment of the evidence in the case. Delivering judgment in the matter, […]
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Opinion: Compensation Claims and FBD’s expected pre-tax profits of at least €70m in 2022
In recent years, insurance companies in Ireland have been making bumper profits, and FBD is no exception. The company is expected to make pre-tax profits of €70m – a significant amount of money. However, despite these profits, many people in Ireland are still hesitant to make compensation claims, including personal injury claims. This hesitancy is […]
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Tender Mercies – Reform of personal injuries procedures in Ireland
As part of measures to address the concerns of the insurance industry and wider public regarding the level of personal injury awards and associated legal costs, the Irish government commenced a series of structural reforms in the management of personal injury cases starting with the Personal Injuries Assessment Board Act 2003. These reforms are continuing […]
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High Court: €63,000 awarded to bus driver for syringe assault which occurred during work
The High Court has awarded €63,000 to a bus driver who was injured in an assault by an unidentified assailant during the course of his employment.
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Personal injury reforms to come into effect next week
Dara Calleary, minister of state for trade promotion and digital transformation at the Department of Enterprise, Trade and Employment, has signed a commencement order providing for certain provisions of the Personal Injuries Resolution Board Act 2022 to come into force from 13 February 2023. From Monday, where a claim proceeds to litigation, a PIAB assessment that has […]
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Most Supreme Court judges conflicted for key personal injury guidelines appeal
Three Court of Appeal judges drafted in to hear appeal over controversial guidelines slashing damages
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Co Down woman on climbing Africa’s tallest peak to highlight parental alienation
A Co Down woman has opened up about the long and painful journey from her couch to the top of Mount Kilimanjaro for a cause close to her heart. Gemma Weir, from Donaghadee, has just climbed Africa’s highest mountain to raise money for a parental alienation charity, something she deals with every day. The mammoth trek was […]
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Former judge to face personal injury case over alleged pursuit of woman for sexual relationship
Personal injury proceedings are to be taken against a former District Court judge alleged to have abused his position to pursue a vulnerable woman for a sexual relationship. A solicitor for the woman told the Irish Independent that proceedings would issue in the next fortnight against Judge James O’Connor, the Courts Service, the Justice Minister and the Attorney […]
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