The Court of Appeal has ordered a full rehearing of a personal injuries case after the court determined that the trial judge had failed to engage with essential aspects of the evidence.
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Court of Appeal: Zurich Insurance fails to set aside third party notice in indemnity proceedings
The Court of Appeal has dismissed an appeal by Zurich Insurance plc seeking to set aside a third party notice in personal injury proceedings where cover was denied. It had been claimed by Zurich that the dispute regarding insurance cover was “entirely different” from the personal injuries proceedings and therefore the joinder application should have failed.
Court of Appeal: €210,000 injuries award reduced after judge fails to set out reasoning for the level of damages
The Court of Appeal has reduced a personal injuries award by €35,000 on the basis that the trial judge failed to adequately set out reasons for the original award of €210,000.
MIBI (Motor Insurers Bureau of Ireland) – Recent Tumusbeyezu Judgement
The Court of Appeal recently reaffirmed the position in Tumusbeyezu v Muresan and the Motor Insurers Bureau of Ireland [2021] IECA 191. This is that with the correct evidential proof the MIBI, or any insurer who is standing in their shoes, can avoid liability where they have
Claimants need to be wary. Here’s why.
In a recent case, defendants issued a costs differential letter to the plaintiff’s solicitors putting them on notice that if the plaintiff failed to achieve an award of damages within the High Court jurisdiction, the defendants would apply to have any award of costs made
Irish Court of Appeal Outlines Importance of “Litigation Holds” for Discovery
The Court of Appeal has confirmed that a party to civil proceedings in this jurisdiction must take reasonable steps to preserve relevant documents, clarifying whether and in what circumstances a party should implement (and a party’s solicitors might be obliged to advise) a so-called “litigation
Negligence claim against orthopaedic surgeon to be re-tried
Court of Appeal says High Court failed to adequately explain key findings. Eugene McCormack brought proceedings against the Mater Private Hospital and Mater Private Healthcare and Mr Timlin, a consultant orthopaedic surgeon with a practice at the Mater Private Hospital.
Separated father loses ‘most unusual’ bid for damages over court order
Man brought an appeal over a High Court ruling in his favour, seeking damages of €1m-€3m
MIBI not liable for injuries of man in uninsured car crash, court rules
Court of Appeal upholds judgment in case where driver told passenger vehicle was not insured