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Court of Appeal: Zurich Insurance fails to set aside third party notice in indemnity proceedings
News

Court of Appeal: Zurich Insurance fails to set aside third party notice in indemnity proceedings

The Court of Appeal has dismissed an appeal by Zurich Insurance plc seeking to set aside a third party notice in personal injury proceedings where cover was denied. It had been claimed by Zurich that the dispute regarding insurance cover was “entirely different” from the personal injuries proceedings and therefore the joinder application should have failed.

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Average fraudulent insurance claim in the UK rises to £12,000
News

Average fraudulent insurance claim in the UK rises to £12,000

The average fraudulent insurance claim in the UK has risen by six per cent since 2019, with figures reaching £12,000, according to the latest figures published by the Association of British Insurers (ABI).

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Court of Appeal: €210,000 injuries award reduced after judge fails to set out reasoning for the level of damages
News

Court of Appeal: €210,000 injuries award reduced after judge fails to set out reasoning for the level of damages

The Court of Appeal has reduced a personal injuries award by €35,000 on the basis that the trial judge failed to adequately set out reasons for the original award of €210,000.

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High Court action over boy’s birth injuries settled for €18m
News

High Court action over boy’s birth injuries settled for €18m

National Maternity Hospital apologies to six-year-old Fionn Feely, who has cerebral palsy

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Onus of Proof: Seeking to dismiss a Plaintiff’s claim
News

Onus of Proof: Seeking to dismiss a Plaintiff’s claim

Recent High Court judgment reiterates the onus of proof which a defendant must meet to successfully bring an application to dismiss a plaintiff’s personal injuries claim for providing evidence which is false or misleading

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Covid and Personal Injury Claims: 20% drop
News

Covid and Personal Injury Claims: 20% drop

Personal injury claims are expected to drop by 20 per cent this year due to the impact of Covid-19 restrictions. The decline would have been even greater if not for a surge in personal injury claims being lodged last March and April ahead of the introduction of judicial guidelines designed to reduce related payouts. The […]

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High Court delays battle, an avalanche coming
News

High Court delays battle, an avalanche coming

Ms Justice Mary Irvine says Covid-19 changes have shown there are ‘better ways to do things’

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How far does a doctor’s duty of care extend?
News

How far does a doctor’s duty of care extend?

This recent judgment from the UK Supreme Court considered the difficult question of what compensation is appropriate when another issue, unconnected to any negligent advice, arises.

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NI: Attempt to oust company’s founding shareholder results in £185,000 damages
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NI: Attempt to oust company’s founding shareholder results in £185,000 damages

The High Court has awarded both personal damages and repayment to the company in an unfair prejudice claim against a Coleraine company which voted to oust a founding shareholder.

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Northern Ireland: Dispute over Belfast land purchase dismissed
News

Northern Ireland: Dispute over Belfast land purchase dismissed

The High Court has dismissed all seven headings of a land conveyance counterclaim, deeming it to be “clearly an abuse of process” following a dispute offer a land purchase.

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Supreme Court: Solicitor Appeal Allowed in SDT
News

Supreme Court: Solicitor Appeal Allowed in SDT

The Supreme Court has allowed an appeal brought by a solicitor who had been found guilty of misconduct by the Solicitors Disciplinary Tribunal.

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Why some judges can’t accept parental alienation
News

Why some judges can’t accept parental alienation

The concept of parental alienation is recognised in psychiatric textbooks yet some judges have still to accept its validity. 

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