Vnuk – Recent decisions and case law in the European and Irish Courts

October 11, 2018 in News

In the High Court on 1st October 2018 Mr Justice Max Barrett made an Order joining a
motor insurer as a Third Party in circumstances where a Plaintiff’s claim had been initially
notified to and investigated under the Employers Liability/Public Liability Policy. In arriving
at his decision to join the motor insurer to the action as a Third Party, Mr Justice Barrett
referred to the judgement of Mr Justice Lavery in Gilmore v. Windle [1967] IR 323, 329:

“to avoid multiplicity of actions and to enable, so far as can be done with just regard
to the interests of the several parties involved, all issues arising out of the
particular incident or transaction to be determined by the one court at one time;
thus avoiding repetition of evidence and argument before different tribunals”

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Second Report Of The Personal Injuries Commission

September 18, 2018 in News

The second report of the Personal Injuries Commission was published earlier today 18th
September 2018.
This report makes ten recommendations and our review and commentary in respect
thereof is set out below.
The background to the publication of this second report was by virtue of the establishment
of the Personal Injuries Commission which was a recommendation of the Report of the
Cost of the Insurance Working Group, published in January 2017.
The Personal Injuries Commission was established thereafter and is chaired by Mr. Justice
Nicholas Kearns.

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Summary – Court of Appeal Judgement of Mr Justice Michael Peart

August 10, 2018 in News

On the 27th July the Court of Appeal issued a very important judgment highlighting the
Costs implications of bringing proceedings in the High Court where the proceedings should
ordinarily have been brought in the Circuit Court. The Judgment acts as a stern warning to
any Plaintiff who issues High Court proceedings where they should have issued
proceedings in the Circuit Court. In particular the Judgment addresses the circumstances
where the making of costs differential orders against such Plaintiffs can and should be
made by trial judges.

Read the full summary here