Category: Uncategorized

Decision has potentially huge implications for claimants, lawyers, insurers and the State

A judge will rule on Thursday on the lead case challenging the constitutionality of the law under which judges drafted and approved new guidelines slashing awards for minor personal injuries by up to 50 per cent.

The outcome of the case against the Personal Injuries Assessment Board, the Judicial Council and the State has potentially huge implications for claimants, lawyers, insurers and the State.

Brought by Bridget Delaney, from Dungarvan, Co Waterford, it is the lead of several cases over the guidelines the introduction of which was approved by an 83/63 majority of judges in March 2021.

The guidelines came into effect from April 24th 2021 and apply to claims authorised by the Personal Injuries Assessment Board after that. Earlier cases are assessed under the Book of Quantum (BOQ), which provided for higher awards.

Ms Delaney’s challenge was heard over several days by Mr Justice Charles Meenan before concluding in early April. He will give his judgment on Thursday.

To read the full story please visit:

https://www.irishtimes.com/crime-law/courts/2022/06/01/high-court-to-rule-on-lead-challenge-over-new-guidelines-slashing-awards-for-minor-injuries/

A 70-year-old man who was catastrophically injured three years ago after he was knocked down by a drunk driver while on holidays in Malta has settled his High Court action for just over €3 million.

David Cooley from Youghal in Co Cork, was struck by a car on the first night of his holiday in April 2019.

He suffered multiple fractures and a severe brain injury, which means he requires round-the-clock care and has had to remain in hospital ever since.

To read the full story please visit:
https://www.rte.ie/news/courts/2022/0510/1297185-high-court-case/

A woman who claimed she injured her buttock, back and abdomen when she hit the ground, having fallen from a defective chair in Supermacs, has won her case for damages despite CCTV showing she did not impact the ground during the incident.

Pamela Dudgeon, (57) of Woodlands Grove, Coosan Road, Athlone, Co Westmeath, was awarded €16,400 in damages at Galway Circuit Court after a contested civil action.

Ms Dudgeon, a carer, said she suffers ongoing lower back pain after the incident at a Supermacs outlet in Eyre Square, Galway, on January 6, 2017.

In her claim for damages, Ms Dudgeon told her doctor, solicitor and several expert witnesses she fell and hit the ground when the chair she was sitting on fell from under her.

In November 2020, the High Court ruled that Supermac’s Ltd did not have to provide footage of the incident to Ms Dudgeon which was sought as part of the discovery process.

Supermacs argued that providing the footage to the plaintiff would allow her to “mend her hand” in circumstances where the footage may not support her version of events.

Mr Justice Barr said he was satisfied she did not need the footage to progress her claim, as Supermac’s had already admitted the chair broke and was defective.

To read the full story please visit:
https://www.independent.ie/irish-news/courts/woman-awarded-16400-in-fall-from-defective-chair-in-supermacs-41689723.html