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Searching Content indexed under Professional Negligence by Matheson ordered by Published Date Descending.
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Periodic Payment Orders In Catastrophic Injury Cases
The Civil Liability (Amendment) Act 2017 was passed in November 2017. The act addresses issues raised by the Working Group on Medical Negligence and Periodic Payments, particularly the deficiencies
Ireland
8 May 2019
2
Delay In Professional Negligence Claims
In a recent High Court decision, Power v Creed(1) Judge Baker dealt with a claim of professional negligence.
Ireland
2 May 2019
3
Solicitors' Professional Indemnity Insurance Regulations Do Not Create Third-Party Rights
A number of recent High Court decisions have confirmed that third-party rights against insurers in Ireland are restricted.
Ireland
16 Mar 2016
4
Injuries Board Authorisation Required In Personal Injury Claims Arising From A Product Liability Claim
The Plaintiff in this case sued for negligence and product liability against DePuy International Limited for defective product and device failure.
Ireland
10 Aug 2015
5
Irish Woman Loses Symphysiotomy High Court Action
On May 1 2015 a 74-year-old woman lost her High Court medical negligence claim on the grounds that in 1963 prophylactic symphysiotomy was not a practice "without justification".
Ireland
22 Jun 2015
6
Bar Set High In Order To Succeed In Strike Out Applications
The Circuit Court recently imposed a "permanent stay" on negligence proceedings issued against a private hospital.
Ireland
5 Aug 2014
7
Plaintiff’s Case Dismissed For Failure To Establish Negligence
This case involved an operation carried out in 2005, on a 19-year-old, to correct a curvature of the spine.
Ireland
4 Aug 2014
8
New Legislation To Allow The State Claw Back Benefits From Medical Negligence Compensation
Benefits are only deductible if paid as a result of the injury claimed for. Further, the recoverable benefits can only be deducted from loss of earnings or profit.
Ireland
4 Aug 2014
9
Case Dismissed Because Causation Remains Shrouded In Mystery
Justice O'Neill recently dismissed a plaintiff's claim for failing to establish negligence on the part of a prominent consultant orthopaedic surgeon.
Ireland
22 Jul 2014
10
High Court Awards Damages Against HSE For A ‘Near Death Experience’ Following A Hospital Delay
The High Court recently considered Ms Larkin’s claim for post-traumatic stress following an alleged "near death experience" in hospital in January 2008.
Ireland
2 May 2014
11
Solicitors PI Update – Reliance On Counsel?
A recent High Court decision in the UK considered the extent to which a solicitor is entitled to rely on counsel’s advices in advising their client.
Ireland
20 Mar 2014
12
Solicitors PI Update – Scope Of Retainer
A recent English Court of Appeal decision reinforces the principle outlined in South Australia Asset Management Corporation v York Montague ("SAAMCo").
Ireland
20 Mar 2014
13
Negligent Valuations – "Thinking Of Selling" Letter Still A Valuation
Brownrigg v. Leacy related to a claim for damages by the plaintiff, Mr Frank Brownrigg, arising from the alleged negligence of the defendants.
Ireland
19 Mar 2014
14
Professional Negligence Actions – Non Suit
Where a plaintiff fails to make out a prima facie case, defendants to professional negligence actions and their insurers may be in a position at the end of the plaintiff’s evidence to make an application for non-suit.
Ireland
28 Nov 2013
15
Personal Injury And Medical Negligence: Costs Follow The Event - Or Do They?
The general rule on costs is that "costs follow the event", ie loser pays.
Ireland
28 Nov 2013
16
Professional Advisors - Generalists Beware The Unknown
In Mehjoo v Harben Barker and another, the defendant accounting firm was sued by an Iranian client for failing to refer him to specialised tax advice for non-domiciles, where such ‘non-domicile’ status carried potentially significant tax advantages for the client.
Ireland
13 Aug 2013
17
Professional Indemnity - August 2013
Last year, the High Court awarded a bank substantial damages against a Dublin law firm for failing to ensure that proper security was in place before releasing loan monies in respect of a number of properties.
Ireland
13 Aug 2013
18
‘No Transaction’ Damages In Professional Negligence Cases
A series of recent High Court decisions have considered the concept of 'no transaction' damages in cases involving professional negligence.
Ireland
22 Apr 2013
19
Insurance Update - ‘No Transaction’ Damages In Professional Negligence Cases
A number of recent High Court decisions have involved cases in which lenders have taken action against their former legal advisors for negligence.
Ireland
21 Jan 2013
20
Dealing With Delays In Professional Negligence Claims - How Long Must Insurers Wait?
It is not uncommon in professional negligence claims for there to be long periods of inactivity where the claimant does not prosecute the claim.
Ireland
1 May 2012
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