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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.
After several years of careful consideration by review committees, key stakeholder groups and the subsequent preparation by the legislature of legislation, pre-action protocols in clinical negligence claims are yet to be introduced in Ireland. Despite the Legal Services (Regulation) Act coming into force in 2015, commencement of section 219 of the Act - the final step required for the drafting of the necessary regulations to formally introduce the pre-action protocols - has not been commenced.
Kennedys’ global footprint means we are uniquely placed to review the impact of COVID-19 in the legal casualty market, and on the functioning of court systems in our different jurisdictions.
Case review 14/10/2020
Requirement for expert evidence in professional negligence cases upheld by the High Court in Ireland
The High Court in Ireland struck out this professional negligence claim against a defendant solicitor, in circumstances where the plaintiff failed to obtain expert evidence in support of his claim. The principles asserted by Mr Justice Meenan are equally as applicable in clinical negligence claims.
On 4 May 2020 Part 2 and 3 of the Related Regulations in the Children and Family Relationships Act 2015 (the 2015 Act) commenced. Overnight, this legislation introduced a ban on the use of anonymous donor gametes in Ireland.
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.
Kennedys has urged the Irish Government to change the way the personal injury discount rate is calculated to reflect what injured people actually do with their compensation in real life.
Case review 31/03/2020
Welcome clarification from the Supreme Court of Ireland on key clinical negligence principles and damages
Handed down on 19 March 2020, the Supreme Court of Ireland’s Judgment in Ruth Morrissey and Paul Morrissey v Health Service Executive, Quest Diagnostics Incorporated and Medlab Pathology Limited [19.03.20], upheld the decision of the High Court on liability, with some useful clarifications, while overturning an important finding of the High Court on quantum.
Case review 19/03/2020
In this case, the UK High Court explored the scope of a doctor’s duty of confidentiality and the potential liability arising out of an alleged failure to disclose to an ‘at-risk’ third party.
In recent years, developments in the law have given rise to escalating damage awards. Healthcare costs have also increased exponentially over the last decade, with larger future cost of care awards increasing the total amount of the claim.