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four courts, judgements
March 14, 2023

The High Court restates the position that Solicitors can instruct non-treating Medical Experts in Injury Actions.

Healy v HSE is the second Irish High Court judgement in a matter of days that focussed on the issue…

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Vehicle trade insurance dispute
March 13, 2023

London High Court Clarifies Conflicts in Vehicle Trade Insurance Policies

Introduction on the Vehicle Trade Insurance Dispute The High Court in London recently resolved a dispute involving an Equity Red Star (ERS) Trade Policy issued to a vehicle transport company. The case highlights how conflicting wording between a policy schedule and its certificate can affect the application of insurance coverage, particularly in the context of […]

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Solicitor referrals medical experts
March 9, 2023

High Court Guidance on Direct Instruction of Expert Medical Witnesses in Personal Injury Cases

Expert testimony plays a pivotal role in personal injury litigation, often influencing the outcome of a case. A recent High Court judgement has offered clear guidance for both Plaintiff and Defence Solicitors regarding when and how medical experts can be instructed directly by solicitors. The Importance of Medical Expert Evidence   In personal injury claims, […]

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construction site safety,
March 9, 2023

Construction Site Safety: The Role of the Project Supervisor and Contributory Negligence

  A recent judgment by Mr Justice Sanfey examined the role of the Project Supervisor on a construction site and clarified the extent of a contractor’s duties under the Safety, Health and Welfare at Work (Construction) Regulations 2013. Duty of the Project Supervisor in Construction Site Safety   The Court accepted the Defendant’s argument that […]

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September 5, 2022

Ruaidhrí Austin Elevated to Partner at Lacey Solicitors – An ‘Exceptional Credit Hire Litigator’

Lacey Solicitors is proud to announce the promotion of Ruaidhri Austin to Partner, recognising his outstanding contribution to insurance and litigation across Ireland. Ruaidhri has quickly established himself as a go-to litigator in Ireland, trusted by insurers and businesses for his expertise, strategic insight, and results-driven approach. Senior Partner, Terry Lacey, commented on Ruaidhri’s promotion: […]

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Credit hire mitigation NI
March 10, 2021

Credit Hire Delays in Northern Ireland: Lessons from McKibbin v UK Insurance Ltd and Clarke v McEvoy [2021]

On the 8th of March 2021, judgments in two credit hire appeals were handed down in Northern Ireland’s Queen’s Bench Division. In McKibbin v UK Insurance Ltd [2021] and Clarke v McEvoy [2021] the Queen’s Bench Division in Northern Ireland addressed how courts should approach credit hire claims where delay is alleged.   It held that if the […]

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Business Interruption Insurance
September 16, 2020

FCA Wins Landmark UK Business Interruption Insurance Test Case: Implications for Irish Businesses

The High Court in England and Wales has delivered its judgment in the Financial Conduct Authority (FCA) business interruption insurance test case, The Financial Conduct Authority v Arch & Ors, marking a significant victory for policyholders. This 160-page judgment provides guidance to an estimated 370,000 business owners seeking payouts under business interruption insurance following the […]

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Business Interruption Insurance
May 12, 2020

Business Interruption Insurance and COVID-19: UK Court Action Sparks Interest in Ireland

Business interruption insurers in UK, Ireland and across the World have been scrutinising policy wordings more than ever in the wake of COVID-19, as the pandemic continues to test the limits of coverage and liability. The stakes are high, and small print uncertainties could determine the outcome of claims. UK Court Scrutiny   The British […]

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nervous shock claim Ireland
April 4, 2020

Woman Awarded €87,000 for PTSD Following Witnessing Fatal Road Accident in Ireland

A woman has been awarded more than €87,000 in a nervous shock claim in Ireland after suffering post-traumatic stress disorder (PTSD) upon witnessing the partly decapitated body of a motorist involved in a collision with a bus. The plaintiff, Lisa Sheehan (36), was driving home from work in Cork on 28th January 2017 when debris […]

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business interruption cover Covid-19
March 25, 2020

Business Interruption Insurance and Covid-19: A Pandemic for Insurers

The global spread of Covid-19 has prompted businesses to examine their insurance policies to determine whether business interruption cover can help mitigate financial losses caused by the pandemic. What is Business Interruption Insurance?   Business interruption policies are policies of indemnity, designed to place a business in the position it would have been in had […]

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