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 … Read more

Proof of Negligence-How to Prove Negligence in Irish Civil Law

  If you bring an action for negligence in Ireland, you must prove the defendant was negligent. The standard of proof is on the balance of probabilities, which is the standard of proof in civil law cases. (The standard of proof in criminal cases is beyond a reasonable doubt). Essentially, you must establish facts from … Read more

How to Begin Civil Proceedings in the District Court

The District Court now has a jurisdictional limit of €15,000. So, if you need to pursue a debt or a claim for damages for breach of contract, negligence, or on any ground for less than €15,000 you will commence proceedings in the District Court. To do this, you file, for issue and service, a claim … Read more

Time Limits in Civil Litigation and the Statute of Limitations

The time limits within which you can bring a civil action in Ireland are set out in the Statute of Limitations, 1957, as amended by the Statute of Limitations (Amendment) Acts, 1991 and 2000. However, other limitation periods are set out in the Civil Liability Act, 1961, the Liability for Defective Products Act 1991 and … Read more