Category: Negligence

  • Trends in Personal Injury Law in Ireland in 2019

    There has been a vigorous debate in Ireland over the last 12 months or so about insurance, the cost of insurance, personal injury claims, bogus claims, excessive awards from the Courts, small businesses struggling to afford rising insurance premiums, and so on. The Courts appear to be showing a greater enthusiasm to scrutinise personal injury […]

  • No Expert Opinion? Your Claim for Professional Negligence is Bound to Fail

    If you are considering bringing legal proceedings for professional negligence the Court of Appeal has recently confirmed you will need an expert report or opinion. If you do not have such an opinion your claim is ‘bound to fail’ according to the High Court in Andrew Mangan (a minor) v Julian Dockeray and By Order […]

  • GP Defends Professional Negligence Claim About Breast Cancer Diagnosis in High Court

    The High Court decision in Rossiter v Donlon is a useful one to look at when it comes to increasing our understanding of professional negligence, and what you need to prove to bring home such a legal action. Background The background to the case is that Ms. Rossiter sued Dr. Donlon for professional negligence arising […]

  • The High Court Affidavit of Verification In Personal Injury and Defamation Actions

    An affidavit of verification is required in the High Court to verify assertions or facts alleged in personal injury actions and defamation proceedings. It is to verify a pleading or replies to a request for further information and is required pursuant to section 14 of the Civil Liability and Courts Act, 2004 in personal injury […]

  • Liability for Injuries Caused by Animals-What You Should Know

    The rules which relate to liability for damage or injury caused by animals fall into two categories: Special rules, providing for strict liability General rules in accordance with the principles of tort. Liability Under the General Rules of Tort Under the general rules of tort liability can arise under a number of headings: Negligence-the usual […]