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THE PRESIDENT OF the High Court Ms Justice Mary Irvine has asked practitioners involved in personal injury cases to focus on negotiations, as the Covid-19 pandemic has caused a large backlog.
Some 320 claims, which were postponed since 18 March, were listed for mention this week.
In a statement issued this morning, Ms Justice Irvine noted that 97% of all claims relating to personal injuries litigation in the High Court are settled. Of those that reach court, 89% settle with only 11% proceeding to a contested hearing.
“Regrettably, however, a substantial number of claims only settle on the day they are listed for hearing.
“In practical terms this means that if cases cannot be listed for hearing (as is currently the case because of Covid-19), they will neither be fought nor settled but will remain in limbo,” Ms Justice Irvine wrote.
With this in mind, she has asked parties to negotiate with each other in the immediate future with a view to bringing about “the result that would have been achieved if those cases could have been listed for hearing”.
Medical bills
Ms Justice Irvine said the claims causing her the “most concern” are those which would have settled had it not been necessary to adjourn them.
“In those cases, the plaintiffs have been held out of the money they would have received as result of such settlements. And, as we all know, delay in litigation of this nature can cause great economic hardship or even unwarranted additional mental or physical suffering.”
She noted that many plaintiffs who have sustained serious injuries are unable to work, and “need their compensation to replace their earnings” and pay for medical bills.
Ms Justice Irvine stressed that she is “not asking any defendant to settle a claim in respect of which they consider they have no liability or where they consider the sum claimed to be excessive or even possibly fraudulent”.
“Obviously, defendants must contest rather than settle such claims. Neither am I asking any defendant, who would in the normal course of events have settled a particular claim, to pay anything more than they would have paid to settle the claim on the date it was due to be heard.”
She added that, for reasons of health and safety, any such negotiations should not take place at the Four Courts.
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Why are comments being disabled on the majority of articles?
@DK: Why? Why is it in any way important whether an asylum seeker is single???
@Aidy McBride: It’s a shame, as I, like most people I would imagine, only come here for the comments. The actual news delivery isn’t great so if there’s no comments I can’t see The Journal lasting long.
@sean o’dhubhghaill: single as in coming on their own here and not as part of a family unit but you new that didn’t you? Just trying to deflect for some reason. Are these men going to want sexual relationships with women here? How many women in Ireland are going to want sexual relationships with asylum seekers, let’s be honest? Do you not think this might lead to issues down the road if we get 50k male asylum seekers every year and about 5k of women? Need to have some adult conversations in this country but too many like to try their best avoid it with deflection like yours and throwing around the racist word.
@DK: Jeez! How sexist can a comment get! You don’t seem tobe worried at all about the 5k women wanting ‘sexual relations’ with good Irish men!
@sean o’dhubhghaill: What’s sexist in my comment. Well those women will have a load of male asylum seekers to choose from if they so wish, not so much choice for the males.
@The next small thing: You’re on to something.
@Aidy McBride: Because of your incessant incendiary remarks.
@The next small thing: Either government or some such like intervention to stifle free speech seen as dangerous, and/or the emerging left liberal stance as seen in the previous iteration of Twitter. If one has to stifle free speech and a possible alternative viewpoint, one doubts ones own point of view.
@Aidy McBride: I guess the Journal doesn’t like free speech, however constructive. ‘The shape of things to come’.
@DK: men are being demonised and portrayed like animals! And that seems to be ok… WOW!! In the era of pc and being easily offended, it seems to be open season when it comes to passing remark on men.
Well what we have learned is that the middle are still being squeezed lifeless.
Voting in chancers like Haughey+Bertie was always going to end in tears. Bertie bought 2007 GE and people voted him in despite knowing about his ‘dig outs’. We as voters own the crash too.
Same with Johnson, Trump, Bolsonara.
@James Gorman: FF and Jack Lynch ‘bought’ the 1977 election too, and we, as a nation, are STILL suffering from and struggling with the mad decision to abolish local rates.
I know loads of people in Brand new houses that don’t and never have worked..They seem to squeeze in a feed of pints every day though.
@Redseat92: That’s our politicians for you. Mind you, those are subsidised pints.
@Fiona Fitzgerald: Most underrated comment!
Still paying for it via austerity taxes, (property tax an usc)and those born during the time the banks needed us to give them a loan are about to join the workforce and will also be paying for that bailout.
Also it was only around 2016/17 when markets normalised, not 2013. And we still await taxes normalising. So we are essentially living in those times.
Great nuanced well researched article.
More of this please
@Niamh Hayes: Haha.
My heart bleeds for the squeezed middle and working poor I ALMOST can’t blame them when they turn septic and declare themselves a single parent and go on the housing list.
How can they ever afford a house when they have to compete with councils buying units to give away to welfare tourists.
have your say