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 … Read more
Courts appear to be scrutinising personal injury claims more closely in a climate of widespread scepticism about the personal injury culture in Ireland. Evidence of this can be seen in the High Court decision in an appeal from the Circuit Court in O’Connell -v- Martin; Ali -v- Martin [2019] IEHC 571. The High Court held … Read more
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 … Read more
Maria Bailey, the Fine Gael TD who fell off a swing in a Dublin hotel, the Dean, and brought a personal injury action as a consequence still doesn’t get it, I fear. For in an exclusive interview with the Sunday Independent today she said, “I was holding somebody’s bottle. The bottom line is I was … Read more
Some changes have been made to the way in which personal injury claims are to be pursued in Ireland; some of the changes commenced in January 2019, others from April 2019. Let’s take a look. Section 8 of the Civil Liability and Courts Act 2004 provides that a letter of claim must be served within … Read more