Raymond Groarke
Retired Circuit Court Judge
Personal Injuries Conference Webinar
Chaired by Mr Justice Raymond Groarke
140
Online / On-demand
3 General CPD hours
About this course
There have been far-reaching developments in personal injuries litigation in recent times.
This highly anticipated conference recording will examine how the courts have dealt with false and exaggerated claims. It will also consider the operation and effect of the new Personal Injury Guidelines on Personal Injuries Litigation. In addition, the webinar will look at recent case law relating to the special circumstances for the renewal of a summons, as well as the implications of S.I. 490 of 2021. It will also consider recent legislation and case law in relation to direct actions against insurers.
Course Syllabus
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How the Courts have Dealt with False or Exaggerated Claims
Section 26 of The Civil Liability and Courts Act, 2004 was enacted to “deter and disallow fraudulent claims” However, “it is not and should not be seen as an opportunity to seize upon anomalies, inconsistences and unexplained circumstances to avoid a just liability”.
This section of the seminar will examine the extent to which the courts are willing to impose the provisions of s26. It will consider proofs and evidentiary issues as well as recent judicial decisions and trends.
The Operation and Effect of the New Personal Injury Guidelines on Personal Injuries Litigation
The Special Circumstances Required for the Renewal of a Summons: Recent Case law
The Implications of S.I. 490 of 2021
This section of the seminar will examine the operation and potential effect of the new Personal Injuries Guidelines on Personal Injuries Litigation. It will also consider the Special Circumstances required for the renewal of a Summons and consider recent case law on the issue. Finally, S.I. 490 of 2021, and its application to interlocutory applications in personal injuries matters will be considered.
Direct Actions against Insurers – Recent Legislation and Caselaw
The old privity of contract rule would have us believe that only parties to a contract have enforceable rights and obligations. However, there are exceptions to this rule, and these have been considered and wrestled with by the judiciary and legislature alike through the years. This seminar will discuss one of these exceptions in detail – Section 62 of the Civil Liability Act 1961. This seminar will look at the application of S.62 of the Civil Liability Act 1961 by the Courts over the years and will focus in particular on two significant recent judgments. This seminar will also review the newly enacted Consumer Insurance Contracts Act 2019 and its benefits to consumers. This seminar will assist not only the legal profession but the insurance industry as well.
Download the brochure to read more on each case law.
