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The Irish Court of Appeal has voiced strong criticism of the “hired gun” expert who takes on the role of advocate, and has signalled much tighter control and greater enforcement of the rules relating to expert evidence (Duffy v McGee Insulation Services). The Court also warned that lawyers who call experts who do not comply with their duties to the Court may face adverse consequences in respect of legal costs.
The Irish Government is set to approve significant amendments to the Occupiers’ Liability Act 1995 (the Act) as part of its plan to reform the insurance sector in Ireland. The proposed amendment will curtail the liability of occupiers in this jurisdiction, and as such, will be a welcome development for business owners in Ireland.
Kennedys' teams in Paris, Madrid, Dublin and Copenhagen have been ranked by Chambers Europe 2022 for their work in insurance and dispute resolution.
The Personal Injuries Resolution Board Bill seeks to amend the Personal Injuries Assessment Board Acts 2003-2019, with its primary aim to increase the level of personal injury claims being settled in the PIAB process. The Bill is the latest step in the reform of the personal injury claims landscape in this jurisdiction following the adoption and statutory implementation of the Personal Injuries Guidelines in April 2021.
The Consumer Insurance Contracts Act 2019 was signed into Irish law on 26 December 2019. The Stage 1 provisions commenced on 1 September 2020. We have summarised below the Stage 2 provisions that come into effect on 1 September 2021 and have commented on their impact to insurers.
The publication, adoption and now statutory implementation of the Personal Injuries Guidelines is the culmination of long debated reform of personal injury claims in Ireland.
Case review 01/03/2021
‘Speak now, or forever hold your peace’ Irish High Court rules insurer was justified in refusing cover for late notification
The decision in the recent High Court case of Moloney v Cashel Taverns Limited (In Voluntary Liquidation) & Anor [10.12.20] is a welcome addition to the body of Irish case law. The Court held that Liberty Insurance DAC (insurer) was justified in refusing indemnity to Cashel Taverns Limited (insured) as the insured was fully aware of the incident giving rise to the claim but failed to promptly notify its insurer.
Case review 27/08/2020
In a decision that grabbed a number of headlines, The Court of Appeal has significantly reduced an award of whiplash damages, highlighting the importance of the appropriate reference to the Book of Quantum by the judiciary and practitioners alike.
The Consumer Insurance Contracts Act 2019 (the Act) was signed into Irish law on 26 December 2019. On 16 July 2020, in response to a parliamentary question on commencement of the Act, Minister for Finance, Paschal Donohoe TD, announced that the Act will be commenced in two stages.
The Consumer Insurance Contracts Act 2019 was signed into Irish law on 26 December 2019 and we expect it to be commenced by Ministerial Order in the coming months. The Act will have a significant effect on Irish insurers, or indeed any insurers conducting insurance business in Ireland.