17 reader checks this week

News & Insights

TikTok user’s €60,000 injury claim thrown out after court sees video of him dancing to ‘It Wasn’t Me’
News

TikTok user’s €60,000 injury claim thrown out after court sees video of him dancing to ‘It Wasn’t Me’

A sales assistant with thousands of followers on TikTok and YouTube has denied defrauding the Department of Social Welfare out of large sums of money.

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Court of Appeal: Personal injuries award reduced from €155,000 to €83,000 for accident arising from dazzled driver
News

Court of Appeal: Personal injuries award reduced from €155,000 to €83,000 for accident arising from dazzled driver

The Court of Appeal has allowed an appeal to reduce a general damages award from €155,000 to €95,000 on the basis that the trial judge did not properly assess general damages under the Book of Quantum. Further, the court held that the plaintiff was liable in contributory negligence for his accident and therefore had his total award reduced to €83,000.

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Employer Successfully Defends Mandatory Retirement Age Policy
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Employer Successfully Defends Mandatory Retirement Age Policy

A mandatory retirement age (MRA) obliges an employee to retire at a particular age. An employer may provide for an MRA explicitly in the employee’s employment contract, or it may be implied into the employment relationship by policy or by custom and practice.

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Economic Loss
Article

Economic Loss

Negligence and Economic Loss The courts have been traditionally reluctant to grant compensation for pure economic loss. Recovery for economic loss arising from deliberate and reckless acts was allowed in some circumstances recovery for economic loss which followed as a result of personal injury or property damage has long been allowed in a claim based […]

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Mother (40) got lost in Ikea warehouse after flat-pack hit her on head, court told
News

Mother (40) got lost in Ikea warehouse after flat-pack hit her on head, court told

A Dublin woman has told a judge that she got lost for three hours in Ikea’s warehouse at Ballymun, Dublin, after being struck on the head by a falling flat-pack.

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Court of Appeal nearly halves damages awarded to Kerry driver in personal injuries case
Article

Court of Appeal nearly halves damages awarded to Kerry driver in personal injuries case

The appeal by a Cork lorry driver attributed a third of the responsibility for the Ring of Kerry collision to the Kerry motorist

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Challenge to constitutionality of parts of laws that established Judicial Council
News

Challenge to constitutionality of parts of laws that established Judicial Council

Director claims his rights were breached when council voted to introduce personal injuries guidelines which will reduce injuries awards

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High Court: €33,000 awarded for PTSD injury after plaintiff witnessed murder in service station
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High Court: €33,000 awarded for PTSD injury after plaintiff witnessed murder in service station

The High Court has awarded €33,000 to a plaintiff for psychiatric damage arising out of witnessing a murder at work. The plaintiff argued that her employer had failed to provide her with a mobile panic alarm pursuant to their policy and that this aggravated the plaintiff’s nervous shock reaction.

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Senior lawyer calls on High Court to hear test challenge on new personal injury guidelines
News

Senior lawyer calls on High Court to hear test challenge on new personal injury guidelines

The lead case involves a woman from Waterford but the judge didn’t set a trial date due to a lack of judicial resources

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Payment of €2m to Setanta claimants approved by High Court
News

Payment of €2m to Setanta claimants approved by High Court

The State Liquidator and Insurance Compensation Fund (ICF) is now to be held liable for the outstanding Setanta payouts.

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Judge’s exclusion of some medical evidence upheld by Supreme Court
News

Judge’s exclusion of some medical evidence upheld by Supreme Court

In case with implications for many trials, doctor had not personally examined alleged victim

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High Court: Foot Locker loses claim to reduce rent payments based on ‘partial frustration’ of Grafton Street lease
News

High Court: Foot Locker loses claim to reduce rent payments based on ‘partial frustration’ of Grafton Street lease

The High Court has dismissed a claim brought by Foot Locker Retail Ireland Limited for declarations that it was entitled to not pay rent to its landlord between March and June 2020 when its store was closed by law. The company argued that the lease was partially frustrated by the Covid-19 restrictions during the period.

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