With the recent influx of fraudulent claims, insurance hikes and high awards in personal injuries actions , The Court of Appeal have issued a number of judgments reducing such awards significantly. This one hour lecture analyses a number of recent PI cases which have come before the Court of Appeal and discusses the reasoning in same.
Topics covered:
- Proportionality when assessing Damages
- Factors to be taken into account when assessing damages – Nolan v Wirenski [2016] IECA 56
- The concept of damages being fair to the Plaintiff & Defendant & proportionate to social conditions – Shannon v O’ Sullivan [2016] IECA 93
- Levels of reduction – Fogarty v Cox [2017] IECA 309
- Permanent & life changing injuries – McLaughlin v McDaid [2018] IECA 5
Learning outcomes:
- To have a clear understanding of the reasoning of The Court of Appeal in relation to reductions in damages in PI cases.
- To be in a position to advise clients in relation to the factors which a Court will take into account in assessing damages.
- To be able to advise clients in relation to the concept of ‘fairness & proportionality’ in the context of damages.
- To be in a position to illustrate to clients the levels by which the Court of Appeal can reduce damages.
- To be able to explain to clients the difference in the level of damages awarded in cases with life changing injuries and those with lesser injuries.
Teaching methods:
Discontinued 2022.
Duration & pricing:
- Net-Duration: 1 hour
To book current available lectures please refer to: 2024 Legal CPD programme
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