Ireland: Personal Injury

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Substance Over Form: A Warning Letter Does Not Constitute A “proceeding” In Cases Of Dismissal For Delay

The High Court's recent judgment in O'Shaughnessy v Health Service Executive provides crucial guidance on when medical negligence proceedings may be dismissed for want of prosecution, particularly examining the significance of warning letters and the four-year inactivity threshold. Building on the Supreme Court's reformulated principles in Kirwan v Connors, the decision clarifies what procedural steps genuinely interrupt periods of delay and when the burden shifts to plaintiffs to justify continuation of st

Ireland Litigation

RL

RDJ LLP

Court Of Appeal Highlights Gap In Section 26 Fraudulent Claim Legislation

In Lynch v Motor Insurers Bureau of Ireland [2026] IECA 95, the Court of Appeal noted a limitation in respect of section 26 of the Civil Liability and Courts Act 2004 (2004 Act)...

Ireland Litigation

DE

Dillon Eustace

Nervous Shock Claims Arising From Clinical Negligence

The Irish High Court examines whether a hospital owes a duty of care to a patient's relative who develops PTSD after witnessing the immediate aftermath of a catastrophic medical error.

Ireland Litigation

WF

William Fry

Ordered To The Table: Irish Courts Confirm Power To Compel Mediation

Can a court order parties to mediate a dispute against their will, or is it limited to simply inviting them to do so? This question is increasingly relevant across all civil litigation, given the central role mediation now plays in resolving disputes.

Ireland Litigation

RL

RDJ LLP

When Does The Clock Start? Key Takeaways From The CJEU’s Recent Sanofi Pasteur Judgment

Ireland Litigation

MF

McCann Fitzgerald

FIG Top 5 At 5 – 16/04/2026

Ireland Finance

M

Matheson

High Court Clarifies Employer Duty In Workplace Accident Claim

Ireland Litigation

DE

Dillon Eustace

FIG Top 5 At 5 – 15/01/2026

Ireland Finance

M

Matheson

Civil Reform Bill 2025: An Overhaul Of Civil Litigation Procedure

Ireland Litigation

DE

Dillon Eustace

Personal Injury Litigation: Top Insights 2025

Ireland Litigation

DE

Dillon Eustace

GDPR Non-Material Damages Claims In Ireland: Procedure Clarified, Expectations Lowered

Ireland Litigation

MG

Maples Group

Personal Injury Claim For School Yard Fall Dismissed

Ireland Litigation

DE

Dillon Eustace

Draft Amended Personal Injuries Guidelines Submitted To The Minister For Justice

Ireland Litigation

DE

Dillon Eustace

Personal Injuries Claim: High Court Draws Inference From Failure To Call GP Witnesses

Ireland Litigation

DE

Dillon Eustace

One Rulebook For 27 Markets: EU Inc And The Future Of European Company Law (Podcast)

Ireland Commercial

M

Matheson

Behind The Scenes Of Ireland’s EU Presidency: Insights From Rory Montgomery (Podcast)

M

Matheson

A Deep Dive Into The Regulation Of Artificial Intelligence Bill 2026

Ireland Commercial

M

Matheson

CRD VI: Questions And Answers (Podcast)

Ireland Finance

AC

Arthur Cox

The EU 28th Regime: What Businesses Need To Know About ‘EU Inc.”

Ireland Commercial

M

Matheson

Supreme Court Rules PIAB Authorisation Not Required For Emotional Distress

The Supreme Court in Dillon v Irish Life Assurance plc [2025] IESC 37 has clarified that a claim for emotional disturbances, such as anxiety...

Ireland Litigation

DE

Dillon Eustace

Personal Injuries: 50% Contributory Negligence As Both Parties Equally To Blame

In Maher v Moriarity & anor [2025] IEHC 20, the High Court concluded that a road traffic accident resulted from equal fault by both drivers, with each party having committed errors of judgment and shown a want of care.

Ireland Litigation

DE

Dillon Eustace

Insurance Quarterly Legal And Regulatory Update: 1 January 2025 – 31 March 2025

On 8 January 2025, the Insurance Recovery and Resolution Directive (IRDD) and the Solvency II Amending Directive were published in the Official Journal of the European Union.

Ireland Insurance

DE

Dillon Eustace

Kandaurova v Circle K Energy Group Limited [2025] IECA 13 (Video)

In this video, Siobhan Lane, a Senior Associate in our Litigation and Dispute Resolution Department, discusses a recent Court of Appeal judgment - Kandaurova v Circle K Energy Group Limited.

Ireland Litigation

DE

Dillon Eustace

Oireachtas Approval Will Not Be Sought For Proposed Changes To Personal Injury Guidelines

Ireland Litigation

DE

Dillon Eustace

New High Court Practice Directions Introduced For Clinical Negligence Actions

Ireland Litigation

DE

Dillon Eustace

New Government Action Plan On Insurance: Personal Injury Claims In Focus

Ireland Litigation

DE

Dillon Eustace

A Brief Overview Of The Occupiers Liability Act 1995 (Video)

Ireland Litigation

DE

Dillon Eustace

Supreme Court Opens The Door To More Data Breach Claims

Ireland Privacy

M

Matheson

"Very, Very Modest Awards": GDPR & Personal Injury Claims

Ireland Litigation

WF

William Fry

Data Breach Claims: Supreme Court Decision Clarifies The Law Regarding Data Breach Claims For Mental Distress

Ireland Litigation

RL

RDJ LLP

Supreme Court Clarifies Emotional Distress Claims: PIAB Authorisation Not Required

Ireland Litigation

RL

RDJ LLP

Wheelbarrows And Workplace Risk: The High Court Clarifies The Limits Of Employer Liability

Ireland Litigation

RL

RDJ LLP

Judgment Confirms That Proposed Uplift To Personal Injury Guideline Awards Do Not Apply Pending Enactment Of The Relevant Statutory Instrument

Ireland Litigation

RL

RDJ LLP

Data Breach Claims: Supreme Court Decision Clarifies The Law Regarding Data Breach Claims For Mental Distress

The much-anticipated decision of the Supreme Court in the case of Dillon v Irish Life Assurance was published on the 24 July 2025.

Ireland Litigation

RL

RDJ LLP

Supreme Court Clarifies Emotional Distress Claims: PIAB Authorisation Not Required

On 25 July 2025, the Supreme Court delivered a pivotal decision in Dillon v Irish Life Assurance Plc [2025] IESC 37, which clarifies the treatment of emotional distress claims...

Ireland Litigation

RL

RDJ LLP

Wheelbarrows And Workplace Risk: The High Court Clarifies The Limits Of Employer Liability

On 26 June 2025, the High Court (Twomey J) delivered judgment in Lawless v Keatley, reaffirming a "common sense" approach to employer's liability.

Ireland Litigation

RL

RDJ LLP

Judgment Confirms That Proposed Uplift To Personal Injury Guideline Awards Do Not Apply Pending Enactment Of The Relevant Statutory Instrument

On 12th May 2025, Mr Justice O Higgins, sitting at the High Court in Cork confirmed that the updated Guidelines do not apply and to increase awards by the proposed 16.7% is not permissible in the absence of the enacting legislation.

Ireland Litigation

RL

RDJ LLP

Insurance Implications Following "Landmark" E-bike Collision Case

Ireland Insurance

RL

RDJ LLP

What's Another Year 2025 - Litigation, Dispute Resolution And Investigations

A commencement order is awaited in respect of section 124 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023 (Act) which was signed into law on 5 July 2023.

Ireland Litigation

AC

Arthur Cox

Supreme Court Considers Service Out Of The Jurisdiction And “Special Circumstances” Test For Renewal Of PI Summonses

The Supreme Court has clarified the threshold for renewing personal injury summonses beyond the standard 12-month validity period, establishing that "special circumstances" must exist beyond ordinary delays.

Ireland Litigation

DE

Dillon Eustace

Update On Personal Injury Guidelines

The Personal Injuries Guidelines Committee (the "Committee") have carried out a review of the Personal Injuries Guidelines (the "Guidelines") having regard to the following two matters...

Ireland Litigation

RL

RDJ LLP

Product Liability Directive

On 18 November 2024, the Product Liability Directive (the "PLD") was published in the Official Journal of the European Union...

European Union Consumer

M

Matheson

Is Distress, Upset Or Anxiety A Form Of Personal Injury? - Supreme Court To Hear Appeal That Will Impact Future Of Personal Data Breach Claims

Ireland Litigation

RL

RDJ LLP

What Does A Fire Brigade, A Ditch, And A Playground Have In Common?

Ireland Litigation

RL

RDJ LLP

FIG Top 5 At 5 - 31/10/2024

Ireland Technology

M

Matheson

Occupiers Liability - Case Law Update

Ireland Litigation

RL

RDJ LLP

Irish Supreme Court To Hear Appeal In Non-Material Damages Claim Under GDPR

Ireland Litigation

M

Matheson

Circuit Court Awards Employee €5,500 GDPR Damages

Ireland Privacy

M

Matheson

Court Of Appeal Reduces Personal Injury Award With No Order For Costs

Ireland Litigation

DE

Dillon Eustace

Does A Duty Of Care Exist As Between Healthcare Providers And A Relative Of A Patient In A Nervous Shock Claim?

Ireland Healthcare

RL

RDJ LLP

High Court: Injuries Resolution Board Authorisation Required For Certain Data Breach Claims

Ireland Privacy

DE

Dillon Eustace

New Developments Relating To The Personal Injuries Guidelines

Ireland Litigation

WF

William Fry

Contributory Negligence Finding Despite Adherence To Speed Limit

Ireland Litigation

DE

Dillon Eustace

Supreme Court Confirms Personal Injury Guidelines Are Legally Binding

Ireland Litigation

DE

Dillon Eustace

Supreme Court Affirms The Legality Of Personal Injury Guidelines

Ireland Litigation

WF

William Fry

Judge Calls For Clarity On Personal Injury Settlement Orders

Ireland Litigation

DE

Dillon Eustace

High Court Stays Personal Injury Proceedings To Allow A Medical Examination By A Second Orthopaedic Surgeon For The Defendant

Ireland Litigation

DE

Dillon Eustace

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When Spectators Take The Hit – Spectator Litigation In Ireland (Video)

WF

William Fry

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