Month: July 2022

An injured person who claimed more than £500,000 for lost earnings – while hiding the fact he was still in paid work – has lost his entire damages award because of fundamental dishonesty.

In Woodger v Hallas, Mr Justice Julian Knowles overturned a county court ruling that claimant Steven Woodger should still receive around £49,000 compensation in spite of his dishonesty.

The county court had indicated that Woodger would suffer ‘substantial injustice’ if he missed out on some of the money due to him but the judge said there was no proper or adequate basis for this finding. ‘In every case where the court goes on to find fundamental dishonesty ex hypothesi the claimant will stand to lose their genuine damages,’ he said. ‘Parliament has provided in express terms that that should be so, subject to the question of substantial injustice.’

To read the full story please visit:
https://www.lawgazette.co.uk/news/claimant-loses-49k-damages-as-high-court-overturns-injustice-finding/5112991.article

In AIB PLC v Dorey [2022] IEHC 317 the plaintiff issued a summary summons on foot of three loans made to the defendant in 2008. It came before the High Court on foot of an application for judgment in default of appearance. Although the application was for judgment in default, with the plaintiff’s consent, the High Court (Court) approached the application as one for summary judgment. It followed that the Court had to consider whether the plaintiff had adequately pleaded and proved a prima facie case. The particular issue that was the focus of the Court’s judgment was whether the plaintiff’s plea in the summary summons was sufficient to satisfy the requirements laid down by the Supreme Court in Bank of Ireland Mortgage Bank v O’Malley [2019] IESC 84. O’Malley requires pleadings to specify how a sum allegedly due is calculated (Information Obligation).

To read the full story please visit:
https://www.lexology.com/library/detail.aspx?g=eb92db8a-8f2a-4d2f-a79c-43d38baf0439

Proposed reforms to the Personal Injuries Assessment Board (PIAB) should be implemented as swiftly as possible, an Oireachtas committee has said.

The joint committee on enterprise, trade and employment has completed its pre-legislative scrutiny of the general scheme of the Personal Injuries Resolution Board Bill.

The bill will rename the PIAB as the Personal Injuries Resolution Board (PIRB) and will provide for greater access to mediation as a means of resolving a claim.

Maurice Quinlivan, committee cathaoirleach, said: “The committee recommends the swift passage of this bill and urge that the concentrated focus on delivering insurance reform should continue.

“It is encouraging to see that the new system of quantum of damages is bringing down the level of settlement. However, the rates of litigation are still too high, and the proposed bill should allow more to be settled by PIAB.”

To read the full story please visit:
https://www.irishlegal.com/articles/committee-backs-swift-passage-for-piab-reform-bill