Working Group Report on Cost of Employer and Public Liability Insurance

The Chair of the Cost of Insurance Working Group, Michael D'Arcy TD (Minister of State for Financial Services and Insurance) recently published the Working Group's Report on the Cost of Employer and Public Liability Insurance. The Report's recommendations and associated actions cover three main themes: (1) increasing transparency; (2) a [...]

By |2019-10-18T10:24:31+00:00January 29th, 2018|Accident at Work|Comments Off on Working Group Report on Cost of Employer and Public Liability Insurance

Personal Injury – Book of Quantum 2016

For those who missed it or may not be aware, the Injuries Board issued a new edition of the Book of Quantum in October 2016. The Book of Quantum sets out the general guidelines on how much or amounts which can be awarded for Personal Injury Claims. The Book has [...]

By |2019-10-18T10:24:56+00:00January 3rd, 2017|Accident at Work, Personal Injury, Personal Injury Assessment Board, Statute of Limitations (Amendment) Bill 2013|Comments Off on Personal Injury – Book of Quantum 2016

Defamation – Plaintiff’s Right to Trial By Jury

In the recent decision of Padraig Higgins v Irish Aviation Authority [2016] IEHC 245 , Moriarty J considered whether pursuant to Section 23(1)(c) the plaintiff was entitled to have damages determined by a jury. Background This case concerned a claim by the plaintiff in respect of three emails alleged to have [...]

By |2019-10-18T10:24:57+00:00June 17th, 2016|Damages, Defamation, High Court, Investigation, Litigation, Witnesses|Comments Off on Defamation – Plaintiff’s Right to Trial By Jury

Personal Injury High Court – Analysis of General and Special Damages

The recent case of Walsh v Tesco Ireland Limited 2016 IEHC 322 resulted in an award of 1.4m for the plaintiff and is interesting insofar as the court looked in particular in detail at the area of general and special damages.The judgement was delivered by Mr Justice Barr on 6th [...]

By |2019-10-18T10:24:58+00:00May 30th, 2016|Accident at Work, Blog, Damages, Health and Safety Authority, Health and Safety Law, High Court, latest news, Litigation, Personal Injury, Personal Injury Assessment Board, private investigator|Comments Off on Personal Injury High Court – Analysis of General and Special Damages

Bullying in the Workplace – Recent High Court Case Highlighting Legal Principles

Justice Kearns delivered his recent judgement in Glynn v Minister for Justice Equality and Law Reform [2014 IEHC 133] on 21st March 2014. Although the claimant was unsuccessful in her claim, the case is interesting in so far as the High Court explores the tests required to prove bullying in [...]

By |2019-10-18T10:25:58+00:00July 1st, 2014|Bullying and Harassment, Contracts of Employment, Grievance, Health and Safety, Health and Safety Law, High Court, latest news, Litigation, Sick Leave, Stress in the Workplace|Comments Off on Bullying in the Workplace – Recent High Court Case Highlighting Legal Principles

Proposed Increase in limit for mental distress in Fatal Injury Cases

It was announced today by Mr Alan Shatter T.D. Minister for Justice, Equality and Defence that the maximum amount can be awarded for mental distress to dependents of someone who is fatally injured is to be increased to €35,000. It is reported that compensation for mental distress has remained unchanged [...]

By |2019-10-18T10:26:22+00:00January 14th, 2014|Civil Liability Act 1961, latest news, Personal Injury|Comments Off on Proposed Increase in limit for mental distress in Fatal Injury Cases

Interesting Employment Appeals Tribunal Case On Duplication of Proceedings

The recent Employment Appeals Tribunal case of Beverley Morgan v Irish Horse Welfare Trust Limited UD53/2012. WT 13/2012, MN 24/2014 is a useful synopsis of the law in respect of both parallel proceedings before the Employment Appeals Tribunal and the High Court and the powers of the Tribunal in this [...]

Personal Injury – Accident at Work and Contributory Negligence of 30%

In the recent case of Barry v Dunnes Stores (Clonmel) Limited 2011 1376P the plaintiff claimed damages for an accident which took place on the floor premises. Justice Irvine delivered judgement on 12th June 2013. Background This claim concerned an incident which took place on the defendant's premises at Clonmel, [...]

Personal Injury and Equality Claims – High Court considers duplication of proceedings

In the recent case of Cunningham v Intel Ireland [2013] IEHC 207, Mr Justice Hedigan was asked to consider the issue of duplication of proceedings. We have referred extensively to extracts from the judgement delivered on 15th May 2013 below. Background The plaintiff in this case was employed by the [...]

By |2019-10-18T10:20:10+00:00June 4th, 2013|Bullying and Harassment, Discrimination, Equality, Equality Tribunal, High Court, Labour Court, latest news, Litigation, Personal Injury, Personal Injury Assessment Board|Comments Off on Personal Injury and Equality Claims – High Court considers duplication of proceedings

Personal Injury – The Statute of Limitations (Amendment) Bill 2013

The Government has today published the Statute of Limitations (Amendment) Bill 2013 which when enacted will provide that certain persons shall be under a "disability" for the purpose of bringing actions relating to symphysiotomy and pubiotomy performed on them without medical justification. The Bill and explanatory memorandum note that operations known as symphysiotomy [...]

By |2019-10-18T10:19:23+00:00April 10th, 2013|latest news, Negligence, Personal Injury, Statute of Limitations (Amendment) Bill 2013|Comments Off on Personal Injury – The Statute of Limitations (Amendment) Bill 2013

Personal Injury and Contributory Negligence Finding of 40% leads to award of €114,300

In the recent High Court case of Erin Gallagher v Oliver McGeady delivered by Mr Justice Ryan on 8th March 2013, the High Court was asked to rule on an assessment of damages in a personal injury action subject to two issues of contributory negligence. Background This case arose out of a [...]

By |2019-10-18T10:19:24+00:00March 25th, 2013|Contributory Negligence, Personal Injury|Comments Off on Personal Injury and Contributory Negligence Finding of 40% leads to award of €114,300

Publication of Courts Bill 2013 – Proposed Changes to “In Camera Rule” and Monetary Jusrisdictions

The Government published the Courts Bill 2013 yesterday 19th March 2013. A full text of the Bill is available on this link. The purpose of the Courts Bill 2013 is two-fold The Bill proposes to relax the "In camera rule" by (whilst retaining the privacy provisions in respect of the operation [...]

By |2019-10-18T10:19:25+00:00March 20th, 2013|Circuit Court, Courts Bill 2013, District Court, latest news, Personal Injury|Comments Off on Publication of Courts Bill 2013 – Proposed Changes to “In Camera Rule” and Monetary Jusrisdictions

Health and Safety – DPP v Nolan Transport Wexford Circuit Court

As reported in our blog post of last week, Nolan Transport was recently fined €1 million euro by Wexford Circuit Court in February of this year in what is reported by the Health and Safety Review to be the largest health and safety fine imposed by an Irish Court when viewed relative to the [...]

By |2019-10-18T10:19:25+00:00March 5th, 2013|Accident at Work, Health and Safety Authority, Health and Safety Law, Investigation, Negligence, Personal Injury|Comments Off on Health and Safety – DPP v Nolan Transport Wexford Circuit Court

Health and Safety – €1 million fine imposed on Company by Wexford Circuit Court

It was reported earlier this week that Nolan Transport had been fined €1 million by the Circuit Court in Wexford in respect of an accident in July 2007 which resulted in the death of two people and several others injured. It was reported by the Health and Safety Law Review [...]

By |2019-10-18T10:19:25+00:00March 1st, 2013|Accident at Work, Circuit Court, Health and Safety Law, Personal Injury|Comments Off on Health and Safety – €1 million fine imposed on Company by Wexford Circuit Court

Bullying and Harassment Part 2 – Recent High Court case awards retired detective garda €85,000

Following on from our blog post yesterday, we will now look at the remaining six areas of complaint in respect of bullying and harassment alleged by the plaintiff in the recent High Court case of Browne v Minister for Justice, Equality and Law Reform and Others, judgement in which was [...]

By |2019-10-18T10:19:03+00:00January 30th, 2013|Bullying and Harassment, Contracts of Employment, Defamation, Grievance, Investigation, Personal Injury|Comments Off on Bullying and Harassment Part 2 – Recent High Court case awards retired detective garda €85,000