The Personal Injuries Guidelines—Ireland

Produced in partnership with Martin Browne of Horwich Farrelly and Christian Carlyle of Beale & Co
Practice notes

The Personal Injuries Guidelines—Ireland

Produced in partnership with Martin Browne of Horwich Farrelly and Christian Carlyle of Beale & Co

Practice notes
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Ireland—The Personal Injuries Guidelines

The Personal Injuries Guidelines (Guidelines) were commenced on 24 April 2021. The commencement of the Guidelines marked the culmination of a multi-year process of review, debate, consultation, and consideration as to the best and most appropriate means by which to seek to reduce and regularise the level of awards in personal injuries actions.

While advocates for claimants expressed concern as to the level of reductions contained in the Guidelines, and scepticism as to the impact any reduction in the level of awards would have on premiums, policyholders, defendants and insurers alike welcomed their introduction. The Minister for Justice, Helen McEntee TD, heralded the Guidelines as taking into account ‘both the urgency in tackling high insurance costs and fairness for those who have suffered injury as well as those who are required to defend a claim’.

This Practice Note considers the early impact of the Guidelines as it relates to the level of awards and acceptance rates, the issues which have arisen in relation to their implementation,

Martin Browne
Martin Browne

Solicitor (Partner and Head of Ireland), Horwich Farrelly


Martin Browne is a Partner and Head of Ireland at HF, where he has developed and leads the Irish Casualty Practice. He currently heads up a team of six.
 
The Casualty Team is instructed by both Irish and UK-based Insurers and Lloyds Syndicates, semi-state bodies, MGA’s and, increasingly, is retained by self-insured businesses. We act in the defence of Public Liability, Employers’ Liability and Motor Claims, as well as Professional Negligence claims. We also regularly advise clients in relation to coverage matters and in relation to policy wording.
 
In addition to his Casualty experience, Martin also has significant experience in the area of Professional Negligence claims, particularly construction-related claims and those involving architects and engineers.
 
Martin is a regular speaker at insurance industry events and has delivered a significant number of well received seminars to insurance professionals in both Ireland and the UK over the last few years in relation to issues impacting personal injuries litigation in Ireland.

Christian Carlyle
Christian Carlyle

Associate Solicitor, Beale & Co


Christian is an Associate Solicitor in the Dublin Office of Beale & Co. LLP. He has worked for a diverse range of clients, including construction professionals, hospitality organisations, employers, and insurers. Christian also has good experience of working in tandem with claims handlers, brokers and loss adjusters. Since 2018, Christian has been working exclusively in Beale’s Irish Casualty Practice.

The Casualty Team is instructed by both Irish and UK-based Insurers and Lloyds Syndicates, semi-state bodies, MGA’s and, increasingly, is retained by self-insured businesses. Beale & Co act in the defence of Public Liability, Employers’ Liability and Motor Claims, as well as regularly advise clients in relation to coverage matters and policy wording.

In addition to managing insurer led cases, Christian works on matters for a number of self-insured clients. Christian has worked cases from inception to settlement and trial, primarily in the Circuit and High Court; and has been involved in the alternative dispute resolution process at varying stages of proceedings.

In recent years, Christian has presented at a number of insurance industry events, to insurance professionals based in both Ireland and the UK, in relation to issues impacting personal injuries litigation in Ireland; most recently with respect to the introduction and impact of the Personal Injuries Guidelines.

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Jurisdiction(s):
Ireland

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