PERSONAL INJURIES LITIGATION – THE COURT OF APPEAL

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:  

e-Lecture, PowerPoint;

Duration & pricing:

  • Net-Duration: 1 hour

To review scheduled booking options, please refer to: 2019 LEGAL CPD programme

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