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Searching Content indexed under Personal Injury by Matheson ordered by Published Date Descending.
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Periodic Payment Orders In Catastrophic Injury Cases
The Civil Liability (Amendment) Act 2017 was passed in November 2017. The act addresses issues raised by the Working Group on Medical Negligence and Periodic Payments, particularly the deficiencies
Ireland
8 May 2019
2
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
3
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
4
Court Of Appeal Imposes Qualifications On ‘Mandatory' Mediation
In a recent decision(1) the Court of Appeal considered Section 15 of the Civil Liability and Courts Act 2004, which confers jurisdiction on the High Court in personal injury claims to compel mediation, irrespective of whether the parties consent.
Ireland
25 Nov 2015
5
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
6
Injuries Board Authorisation Required In Personal Injury Claims Arising From A Product Liability Claim
The Plaintiff in this case sued for negligence and product liability against DePuy International Limited for defective product and device failure.
Ireland
10 Aug 2015
7
Proposed Changes To The Provision Of Periodic Payments In Catastrophic Injury Claims
On 27 May 2015, the Government published the draft heads of the Civil Liability (Amendment Bill) 2015.
Ireland
7 Aug 2015
8
"Equality Of Arms" Concept Pervades High Court Decision On The Exchange Of Expert Evidence
The recent High Court judgment in Harrington v Cork City Council and Cork County Council clarified a party's disclosure obligations where one party does not hold any expert reports.
Ireland
7 Aug 2015
9
High Court Awards Damages Against HSE For A ‘Near Death Experience’ Following A Hospital Delay
The High Court recently considered Ms Larkin’s claim for post-traumatic stress following an alleged "near death experience" in hospital in January 2008.
Ireland
2 May 2014
10
Personal Injury And Medical Negligence: Costs Follow The Event - Or Do They?
The general rule on costs is that "costs follow the event", ie loser pays.
Ireland
28 Nov 2013
11
Too Much Of The Lion And Not Enough Of The Fox
In a recent ruling], the Irish High Court was asked to examine the extent to which a plaintiff was required to respond to a notice for particulars.
Ireland
14 Jul 2013
12
Monetary Limits In The Circuit Court To Be Increased
The Courts Bill 2013, once enacted and commenced, will increase the monetary jurisdiction of the District and Circuit Courts for the first time since 1991.
Ireland
14 Jul 2013
13
Concern Over Legal Claims Rise From DSM Changes
The High Court recently refused a father’s claim for damages in the context of a failed sterilisation procedure. Baby Samuel Hurley Ahern was conceived despite his mother having undergone laparoscopic surgery to clip her fallopian tubes by way of sterilisation.
Ireland
14 Jul 2013
14
Teething Trouble With Factual Disputes
A recent case relating to alleged negligence on the part of a dentist highlights the difficulties when a case boils down to a simple factual dispute – who is more convincing, the patient or the dentist? A judge must ultimately decide.
Ireland
14 Jul 2013
15
Increase In Personal Injury Claims Attributed To Promotion By Claim Handling Firms
The Injuries Board has published its Annual Review for 2012, outlining key statistics relating to personal injury claims in Ireland.
Ireland
25 Apr 2013
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