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The Growth of Norwich Pharmacal Orders: Part II – The High Court Decision in Portakabin v Google
Article

The Growth of Norwich Pharmacal Orders: Part II – The High Court Decision in Portakabin v Google

See Part I of this article here – The Growth of Norwich Pharmacal Orders: Part I – An Evolving Litigation Tool

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The Growth of Norwich Pharmacal Orders: Part I – An Evolving Litigation Tool
Article

The Growth of Norwich Pharmacal Orders: Part I – An Evolving Litigation Tool

A Norwich Pharmacal order (NPO) is generally used to discover the identity of a wrongdoer from a third party. It is an exception to the rule that discovery can only be sought when proceedings are closed. Proceedings are instituted against the third party for the

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MIBI (Motor Insurers Bureau of Ireland) – Recent Tumusbeyezu Judgement
News

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.
News

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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Enhanced Disclosure for Personal Injury Litigants
Article

Enhanced Disclosure for Personal Injury Litigants

In every personal injuries case, the parties are obliged to provide full and detailed particulars of the factual bases of their claims.[1] The Court of Appeal has considered how a number of personal injury cases were pleaded in practice and the intention of the legislature when

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Spotlight: alternatives to litigation in Ireland
Article

Spotlight: alternatives to litigation in Ireland

Alternatives to litigation

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Legal Liability for Animals in Ireland
Article

Legal Liability for Animals in Ireland

While the majority of fatal farm accidents in the last number of years were caused by machinery, deaths caused by animals also feature.

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Irish Court of Appeal Outlines Importance of “Litigation Holds” for Discovery
Article

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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Civil Liability & Courts Act 2004
Article

Civil Liability & Courts Act 2004

Personal injury litigation in Ireland has been transformed by the Civil Liability and Courts Act, 2004 (“2004 Act”). Much of the motivation behind the coming into force of the 2004 Act, was to tackle insurance costs, which was blamed on high legal costs in personal injury actions, and insurance fraud. There is some overlap between […]

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PIAB must deal with solicitors
News

PIAB must deal with solicitors

We look at the recent judgement of O’Brien -v- Personal Injuries Assessment Board: Supreme Court,Judgment delivered by Mrs Justice Denham on December 19th, 2008, Mr Justice Murray concurring. Judgment If an applicant to the Personal Injuries Assessment Board (PIAB) wishes to have a legal representative, he or she is entitled to have one. However, PIAB is […]

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