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Searching Content indexed under Litigation, Mediation & Arbitration by April McClements ordered by Published Date Descending.
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1
Are Our Words Interpreted Differently By Social Media Users? UK Supreme Court Issues Judgment
On 3 April 2019, the UK Supreme Court held that comments made by a wife in a Facebook post that her former husband ...
UK
3 Jul 2019
2
Delay In Professional Negligence Claims
In a recent High Court decision, Power v Creed(1) Judge Baker dealt with a claim of professional negligence.
Ireland
2 May 2019
3
Court Of Appeal Substantially Reduces Award Of Damages For Defamation From €10 Million To €250,000
The Court of Appeal, in the landmark judgment of Kinsella v Kenmare Resources plc & Anor (1) delivered on 28 February 2019, has set aside an award of damages of €10 million as being disproportionate, unjust and unfair in the circumstances.
Ireland
29 Mar 2019
4
Motor Insurers' Bureau Of Ireland Successfully Overturns Court Of Appeal Decision
The Supreme Court announced yesterday, 25 May 2017, that the Motor Insurers' Bureau of Ireland ("MIBI") was successful in their appeal, overturning the Court of Appeal's decision in October last year...
Ireland
7 Jun 2017
5
Third Party Funding A Matter For Legislature - Supreme Court Confirms Old Parameters Still Apply
In a recent Supreme Court decision, which considered whether third party litigation funding is permissible in Ireland...
Ireland
1 Jun 2017
6
New Court Rules - Delay In Implementation Of SI 255
On 1 October 2016, two new Statutory Instruments (SI 254/2016 and SI 255/2016) which made wide-ranging reforms to the procedural rules applicable to civil litigation in Ireland came into force.
Ireland
17 Jan 2017
7
Avoidance Of Life Assurance Policy For Non-Disclosure Of Material Facts
In Richardson v Financial Services Ombudsman the High Court recently upheld a finding of the Financial Services Ombudsman (FSO) that an insurer was entitled to avoid a life assurance policy...
Ireland
29 Dec 2016
8
Solicitors' Professional Indemnity Insurance Regulations Do Not Create Third-Party Rights
A number of recent High Court decisions have confirmed that third-party rights against insurers in Ireland are restricted.
Ireland
16 Mar 2016
9
Court Of Appeal Upholds High Court Decision Regarding Real Rate Of Return
On November 5 2015 the Court of Appeal delivered its much-anticipated judgment in Russell v Health Service Executive, which considered the 'real rate of return' discount...
Ireland
4 Mar 2016
10
Court Of Appeal Permits Use Of Interrogatories In Insurance Coverage Dispute
Judge Kelly found that the plaintiffs had not presented any evidence to demonstrate that requiring answers to the interrogatories was in any way unfair or oppressive.
Ireland
29 Dec 2015
11
Russell v HSE – Court Of Appeal Upholds High Court Decision Regarding The Real Rate Of Return
In light of this judgment, when quantifying future losses in personal injuries actions, future care costs may now only be discounted by 1% and all other future pecuniary losses by 1.5%.
Ireland
29 Dec 2015
12
High Court Confirms Solicitors PI Regulations Do Not Create Third Party Rights
A number of recent High Court decisions have confirmed that third party rights against insurers in Ireland are restricted.
Ireland
29 Dec 2015
13
High Court Confirms That Third-Party Rights Against Insurers Are Restricted
The recent High Court decision in Michael Murphy v Allianz Plc provides further clarification of the scope of Section 62 of the Civil Liability Act 1961 – in particular, the conditions which must be satisfied for its application.
Ireland
13 Nov 2015
14
High Court Refuses Leave For Post Mediation Tender On Basis Of Litigation Disadvantage
This case highlights the potential risk in waiting until a very late stage in proceedings to make a tender offer.
Ireland
3 Nov 2015
15
The Courts Service Annual Report 2014
In the Courts Service Annual Report 2014, which was recently published, Chief Justice Susan Denham described last year as a year of demands, challenges and opportunities.
Ireland
3 Nov 2015
16
Periodic Payments Orders On The Horizon For Catastrophically Injured Plaintiffs
The General Scheme of the Civil Liability (Amendment) Bill was published in March 2015.
Ireland
2 Nov 2015
17
High Court Confirms That Third Party Rights Against Insurers In Ireland Are Restricted
In Dunne v PJ White Construction Company [1989] ILRM 803 the Supreme Court considered it to be "an inevitable consequence" of section 62 that it creates a right of action in favour of an injured third party.
Ireland
2 Nov 2015
18
High Court Appeal Upheld As FSO Erred In Home Insurance Policy Case
In the recent case of Earls v Financial Services Ombudsman, the High Court considered whether the Financial Services Ombudsman (FSO) had erred in law in determining that an insurer was entitled...
Ireland
26 Oct 2015
19
Insurer To Prove Alleged Non-Disclosure By Oral Evidence
The court concluded that to force the plaintiffs to furnish such answers would be an injustice and the whole story would not be told.
Ireland
24 Aug 2015
20
Insurer Required To Prove Alleged Non-Disclosure By Oral Evidence
The Court noted that the issue of the deceased's prior medical records and her treatment would be crucial issues at the trial of the action.
Ireland
23 Jun 2015
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