News & Insights
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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MIBI (Motor Insurers Bureau of Ireland) – Recent Tumusbeyezu Judgement
The Court of Appeal recently reaffirmed the position in Tumusbeyezu v Muresan and the Motor Insurers Bureau of Ireland [2021] IECA 191. This is that with the correct evidential proof the MIBI, or any insurer who is standing in their shoes, can avoid liability where they have
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Claimants need to be wary. Here’s why.
In a recent case, defendants issued a costs differential letter to the plaintiff’s solicitors putting them on notice that if the plaintiff failed to achieve an award of damages within the High Court jurisdiction, the defendants would apply to have any award of costs made
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Irish Court of Appeal Outlines Importance of “Litigation Holds” for Discovery
The Court of Appeal has confirmed that a party to civil proceedings in this jurisdiction must take reasonable steps to preserve relevant documents, clarifying whether and in what circumstances a party should implement (and a party’s solicitors might be obliged to advise) a so-called “litigation
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Negligence claim against orthopaedic surgeon to be re-tried
Court of Appeal says High Court failed to adequately explain key findings. Eugene McCormack brought proceedings against the Mater Private Hospital and Mater Private Healthcare and Mr Timlin, a consultant orthopaedic surgeon with a practice at the Mater Private Hospital.
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Separated father loses ‘most unusual’ bid for damages over court order
Man brought an appeal over a High Court ruling in his favour, seeking damages of €1m-€3m
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MIBI not liable for injuries of man in uninsured car crash, court rules
Court of Appeal upholds judgment in case where driver told passenger vehicle was not insured
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Court of Appeal Substantially Reduces Award of Damages for Defamation from €10 million to €250,000
The Court of Appeal, in the landmark judgment of Kinsella v Kenmare Resources plc & Anor (1) delivered on 28 February 2019, has set aside an award of damages of €10 million as being disproportionate, unjust and unfair in the circumstances.
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