News & Insights
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.
Read More
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.
Read More
Proceedings should be brought against ‘persons unknown’ only in exceptional circumstances – Supreme Court
‘Principled and pragmatic reasons’ why procedure should remain exceptional, says judge
Read More
New PIAB Legislation: What You Need to Know Now!
Navigate the new PIAB legislation changes impacting personal injury claims with our comprehensive guide, and discover how the Irish Claims Board can provide a free assessment of your claim before formal submission.
Read More
Judges should avoid ‘parental alienation’ term, report suggests
Parental alienation is a “highly controversial” concept and the use of the term in Irish legal settings should be treated with serious caution, researchers have said. Though the term is being used increasingly often by Irish judges, they “do not appear to use an agreed definition of [parental alienation] and this is also seen internationally”, […]
Read More
Runaway jury
The proposed abolition of the legal right to trial by jury in High Court defamation proceedings strikes not just at an ancient legal right, but also at the concept of the participation of the public in the administration of justice, argues Mr Justice Bernard Barton.
Read More
Navigating the Complexities of Accord and Satisfaction in Contractual Agreements: Lessons from Recent Case Law
It is generally clear whether these elements of offer, acceptance, intention to create an enforceable agreement and consideration (being money or something of value) are present or not. However, issues do arise where it is alleged that an agreement was reached between parties to take a lesser sum than may have been due or where […]
Read More
High Court: Judge deems service good in respect of appeal proceedings served on solicitor not on record for defendant
The High Court has ruled that a defendant was properly served with proceedings where the papers had been served on a solicitor who was not on record in the case. The court stated that the solicitor had previously received a full set of papers and that she had been in communication with the defendant. Delivering […]
Read More
Solicitor’s Fees in Ireland
Understanding the various ways solicitors charge their clients in claims cases in Ireland, including hourly rates, fixed fees, and conditional fees (with restrictions), is important for those seeking legal representation, and utilising the Irish Claims Board is an alternative to consider.
Read More
New Garda Compensation Act: Are Your Claims Safe?
The Garda Siochana (Compensation) Act 2022 introduces significant changes to the Garda Compensation Scheme, including new application processes, time limits, and involvement of the Personal Injuries Assessment Board.
Read More
New protocol for solicitors commissioning medical reports
A new protocol governing the commissioning of medical reports by solicitors has been published by the Law Society of Ireland in response to recent judicial comments. The Law Society’s litigation committee developed the protocol with reference to the decision of Mr Justice Cian Ferriter in McLaughlin v Dealey and HSE [2023] IEHC 106 earlier this month. In […]
Read More
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 […]
Read More