- within Employment and HR and Insurance topic(s)
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As 2025 comes to a close, we take a look back at some of Personal Injury Litigation's most popular insights during the year.
Personal Injury Claim for School Yard Fall Dismissed
The High Court has dismissed personal injury proceedings arising from a fall on the grounds of a school yard.
In Dinnegan v The Trustees & Board of Management of Loughegar National School [2025] IEHC 423, the court identified inconsistencies with the evidence provided in support of the claim and found that the accident occurred during ordinary children's play and was, therefore, incidental to typical school yard activity. The court held that this of itself, and with nothing more, does not give rise to any liability on the part of the school.
Kandaurova v Circle K Energy Group Limited [2025] IECA 13
In this video, Siobhan Lane, a Senior Associate in our Litigation and Dispute Resolution Department, discusses a recent Court of Appeal judgment - Kandaurova v Circle K Energy Group Limited. It concerned a trip and fall injury, which occurred on the forecourt of the defendant's fuel station.
A Brief Overview of the Occupiers Liability Act 1995
In this video, Elaine Healy, Partner in our Litigation and Dispute Resolution Department, discusses the Occupiers Liability Act 1995, as amended, which sets out the duty of care owed by occupiers in respect of dangers existing on their premises.
Personal Injuries Claim: High Court Draws Inference from Failure to Call GP Witnesses
The High Court has dismissed a personal injuries claim arising from a 2016 road traffic accident.
In Daly v Ryans Investments Limited T/A Hertz [2024] IEHC 703, the court had particular regard to the plaintiff's decision not to call as witnesses her treating GPs and the GP whose report was submitted to the Personal Injuries Resolution Board (PIAB).
Supreme Court rules PIAB authorisation not required for emotional distress
The Supreme Court in Dillon v Irish Life Assurance plc [2025] IESC 37 has clarified that a claim for emotional disturbances, such as anxiety, distress, worry, fear, inconvenience and upset, that fall short of a recognised psychiatric disorder are not a 'personal injury' within the meaning of the Personal Injuries Assessment Board Act 2003, as amended (2003 Act).
As a result, prior authorisation from PIAB (now the Injuries Resolution Board) (PIAB) before issuing proceedings solely for such claims is not required.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
