News & Insights
Transparency in Damage Assessments: A Critical Analysis of Wolfe v. PIAB
The Court of Appeal mandates transparency in damage assessments, emphasising claimants’ right to understand the calculation basis for general damages.
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Court of Appeal: Unsuccessful appellant succeeds in application to displace ‘usual rule’ as to costs
The Court of Appeal has decided that s.3 of the Environment (Miscellaneous Provisions) Act 2011 applied to proceedings brought unsuccessfully under s.160 of the Planning and Development Act 2000.
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Court of Appeal: ‘Putative’ law of contract is correct law where ostensible authority and ratification are concerned
The Court of Appeal has dismissed an appeal by two Saudi Arabian companies concerning the law to be applied to questions of apparent or ostensible authority in international agreements.
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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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NI Court of Appeal: Appeal claiming Covid restrictions breached GDPR fails on all grounds
Northern Ireland’s Court of Appeal has dismissed an appeal alleging that the Department of Health breached data privacy and GDPR requirements during the Covid-19 pandemic. The court upheld the decision of the trial court in the Williams case [2022] NIQB 12, delivered by Mr Justice Adrian Colton. Ultimately, the court found that the appeal was […]
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Court of Appeal: €94,000 award upheld for flight attendant who slipped on de-icing fluid on Ryanair plane
The Court of Appeal has upheld an award of €94,000 for personal injuries sustained by a flight attendant on a Ryanair plane. The plaintiff claimed that she slipped on de-icing fluid which was present on the vinyl surface of the floor. Delivering judgment in the case, Mr Justice Seamus Noonan held that the trial judge […]
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Payout reduced for woman injured after alleged fall in Dunnes Stores
The Court of Appeal (CoA) has reduced an award by €20,000 to a woman who claimed she broke her ankle when she fell off a step-ladder while organising shelves at Dunnes Stores five years ago. The supermarket chain appealed the €120,000 High Court award made to 55-year-old Gunta Kadege, of Butlersgrange, Tullow, Co Carlow. The […]
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Court of Appeal: Woman fails in appeal to set aside third party notice due to delay in bringing motion
The Court of Appeal has dismissed an appeal brought by a woman seeking to set aside a third party notice on the grounds that she delayed for over two years before bringing the application. The woman was joined as a third party in an accident involving a child being burned by oil. Delivering judgment in […]
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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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Irish Court of Appeal Rejects Partisan Expert Evidence
In a significant decision, the Irish Court of Appeal (the “Court”) has warned of a possible culture of ‘partisan advocates’ among experts involved in Irish litigation and strongly emphasised the requirement for expert witnesses to be fair, objective and non-partisan. The Court confirmed that if an expert strays materially from their duties of independence, impartiality […]
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€60k award over slip on black ice in apartment complex is overturned
Complainant had sued management company of apartment complex over fall down a flight of stairs after he allegedly slipped on black ice at the top of a stairs in a common area
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Man awarded €508,000 after hotel lift fell three floors has damages reduced by €120,000
Mr Meehan, who is aged in his mid-40s, sustained multiple fractures to the spine, and knee injuries and was in a wheelchair for three months after the incident
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