Circuit court legal proceedings normally commence by way of a Civil Bill, which must be issued out of the Circuit Court office and served on the other party(ies). The jurisdiction of the Circuit Court is for actions worth between €15,000 and €60,000. There are many types of Civil Bill including Ordinary Civil Bill Equity Civil … Read more
Remedies which can be granted by Courts in civil actions include various orders-for example for specific performance or rescission of a contract-, injunctions, and monetary compensation, also known as damages. Types of damages Nominal damages: a Court may award damages where a person’s legal right has been breached but have not suffered financial loss as … Read more
Evidence comprises facts in issue which are relevant and admissible in a Court or tribunal which tend to strengthen or weakens a party’s ability to discharge his burden of proof. The standard of proof in a civil case is on the balance of probability; in a criminal case it is beyond all reasonable doubt. Types … Read more
The relevant rules about bringing personal injuries proceedings in the District Court are contained in: Order: 40 A of the District Court Rules Statutory instrument 17/2014 Statutory instrument 599/2014 Personal Injuries Assessment Board Act 2003 Civil Liability and Courts Act 2004 Venue A personal injuries summons must be filed with and issued by the … Read more
Two recent decisions in personal injury claims are worth a look at. The decisions could probably be seen to be surprising to the lay person. Because one involved a young man suffering a broken ankle at a concert, and losing his claim. And the other involved a lady falling off the toilet in her own … Read more