News & Insights
Man with brain damage settles for €14.5m over incorrectly reported heel prick test
A 20-year-old man who has irreversible brain damage after a heel pin prick test as a baby under the national newborn screening programme was incorrectly reported as normal has settled a High Court action for €14.5million. His counsel Pearse Sreenan SC told the High Court the pin prick test taken in the days after birth […]
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High Court: Commercial Court declines jurisdiction of easyJet intellectual property case
The High Court has determined that Ireland is not the appropriate jurisdiction for a trademark infringement and passing off claim by easyJet Group against Cyprus-based Easy Forex. Delivering judgment for the High Court, Mr Justice Michael Twomey opined that “it seems to this Court that when one goes through all the factors indicating that there […]
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Injuries board reports 10% rise in claims last year
The Injuries Resolution Board (IRB) has seen a 10% increase in claims made to it during 2023, resulting in €170m being paid out in personal injury awards, new reports show. According to the latest annual report from the IRB, formerly known as the Personal Injuries Assessment Board, there were over 20,000 claim applications submitted to […]
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Psychological Injury
Nervous Shock I The law allows recovery of damages for so called nervous shock, within certain parameters and subject to limitations. Nervous shock is the most commonly used legal label for psychiatric or psychological injury. Psychiatric injuries include depression, posttraumatic stress disorder, psychosomatic pain, anxiety and panic attacks. In this context the normal mitigation rule […]
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Public Authorities and Negligence
Powers and Duties In broad terms, public authorities are subject to civil liability for negligence and other civil wrongs, in the same way as private individuals and companies. The State and other public bodies are responsible for the actions and omissions of their employees and agents under principles of vicarious liability. In some circumstances, statute […]
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Duty of Care (Part 2)
Limits to Neighbour Principle The famous neighbour principle re-stated the general basis of liability in negligence. It stated, that “you must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour”. The test identified a neighbour, as a person who is so closely and directly […]
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Duty of Care (Part 1)
Meaning of Negligence I Negligence is used in a number of senses. In one sense, it refers to a person’s state of mind. An act is negligent, where it is done without giving due weight to the risks involved. A person (and his state of mind) may be negligent, even though the person considers the […]
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A general introduction to dispute resolution in Ireland
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Understanding the Recent Norney v. Dr. Michael Watt Case
On 3 October 2024, the High Court in Belfast delivered a significant judgement in the case of Martine Norney versus Dr Michael Watt and the Belfast Health and Social Care Trust. Martine Norney was awarded £50,000 in damages after it was determined that her treatment fell short of acceptable medical standards, leading to both physical […]
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‘An ever-increasing cost’ – more pain for motorists as car insurance premiums now 15 times rate of inflation
Motor insurance premiums are escalating at a rapid rate despite government reforms. Figures reveal a 10.4% increase in the past year, 15 times higher than general inflation.
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Ryanair facing DPC probe over facial recognition
Ryanair is facing a Data Protection Commission (DPC) inquiry into its customer verification process, which includes the use of facial recognition technology. The DPC has received a number of complaints regarding the budget airline’s practice of requesting additional ID verification from customers who book travel tickets via third-party websites or online travel agents. The verification […]
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High Court: Landlord’s statutory duty to repair may extend to structures outside its ownership
The High Court has remitted a landlord and tenant dispute back to the Tenancy Tribunal for re-hearing, finding that the Residential Tenancies Act 2004 did not qualify the statutory duties of landlords to effect repairs by reference to any limitation on a landlord’s ability to do so arising from its lack of ownership or control of adjoining […]
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