Employers' liability - market insights April 2025

Justice Committee consults on the work of the County Court 

On 21 January 2025 the Justice Committee launched a call for evidence on the ‘Work of the County Court’ which closed on 13 February 2025.  

The Committee’s focus is on the “condition of the County Court estate, the use of technology and data, plus current staffing levels and judicial capacity to see where possible further reforms are needed across this important sphere of justice.” 

Scottish Law Commission reports on damages for personal injury 

On 4 December 2024, the Scottish Law Commission published its report on damages for personal injury, along with a draft Damages (Scotland) Bill. This follows a discussion paper published in February 2022 examining whether, and if so how, any clarification or reform of the law in this area should be undertaken to reflect societal change. 

The report focuses on four key areas: 

• Awards of damages in respect of services provided to and by an injured person and specifically whether the restriction to "relatives" should continue to apply. 
• What deductions should be made from awards of damages. 
• The operation of provisional damages, particularly in the context of asbestos-related disease. 
• The management of damages awarded for the benefit of children so that the children’s interests can be best safeguarded. 

The Commission’s task is to recommend ways of simplifying, updating and improving the law of Scotland. The Scottish Government is not bound by its recommendations. It remains to be seen whether the recommendations will be taken forwards. 

Personal injuries guidelines in Ireland (PIGs) 

The PIGs are subject to review every three years. At the end of 2024, as part of the first such review, the Board of the Judicial Council approved that the value of all awards set out in the PIGs be increased by 16.7% to reflect inflation. The amendments also included a revised section on ‘multiple injuries’ to reflect the approach of the courts. 

The proposals were approved by the Judicial Council on 31 January 2025 but need to be approved by both Houses of the Oireachtas (Irish parliament) before they can come into effect.   

Case developments   

Expert reports and witnesses in Ireland  

Daly v Ryans Investments Limited [13.12.24] 

A plaintiff’s claim for damages for a shoulder injury following a road traffic accident failed because she could not prove that the accident caused the injury. The plaintiff chose not to call either her treating GP or the GP to whom she had been referred by her solicitor for the purposes of preparing a report for the Injuries Resolution Board. The court noted that both doctors were in an ideal position to give evidence and to furnish an opinion on whether those symptoms were related to the accident. The court was entitled to draw the inference that the plaintiff made a conscious decision not to rely on their evidence. 

The importance of reliable expert evidence 

Jones v Persimmon Homes Limited & Macob Scaffolding Limited [14.10.24] 

Kennedys acted for the successful second defendant in this case which involved an accident when the claimant was working as a carpenter fitting facias and soffits during the construction of a house. The fall was one of nearly five metres and he sustained a serious orthopaedic injury to his left leg. 

The case illustrates that with strong and aligned factual and expert evidence, cases can be defended successfully to trial. This was the case here where evidence was identified at an early stage through proactive investigation of the accident circumstances and the instruction of the right expert. 

Solicitor referrals to medical consultants in Ireland   

Jautusenkiene v Fynes Phone Watch Limited & Anor [10.10.24] 

“Inappropriate” is how one High Court judge described the practice of plaintiff solicitors referring their clients directly to medical consultants for a medical report to support their claim. Judge Twomey’s view is that direct referrals by solicitors adversely impacts the credibility of a plaintiff’s claim. Judge Twomey expressed a similar view in previous judgments.  

Claims arising from data breaches in Ireland – Supreme Court to clarify

Dillon v Irish Life Assurance [11.04.24] 

The Supreme Court is set to determine whether claims for damages for distress, upset and anxiety arising from a data breach require prior authorisation from the Injuries Resolution Board. The Supreme Court appeal was heard on 29 and 30 January 2025. A decision from the Supreme Court should bring clarity to this vexed area.