advices clients who are considering commercial lititation

Moloney & Associates, Solicitors, advices clients who are considering commercial lititation, debt collection or personal injury actions to be advised of the following changes in the monetary jurisdictions of the courts of Ireland.

The Courts and Civil Law (Miscellaneous Provisions) Act 2013 (Jurisdiction of District and Circuit Court) (Commencement) Order 2013 was signed by the Minister for Justice on the 18th December 2013.  This Order establishes the 3rd February 2014 as the commencement date for the new monetary jurisdictions of the civil courts.
 

From the 3rd February 2014, the following changes will take effect:

• The jurisdiction of the District Court will increase from €6,384 to €15,000;

• The jurisdiction of the Circuit Court will increase from €38,092 to €75,000 for non-personal injury actions; such as debt recovery actions, breach of contract etc.

• The jurisdiction of the  Circuit Court for personal injury actions will be restricted to €60,000;

• Where an action commenced in the High Court is remitted or transferred to the Circuit Court, the Circuit Court will have jurisdiction to award damages in excess of €60,000 for personal injury actions and in excess of €75,000 for all other actions.
The new jurisdiction limits will not affect proceedings instituted prior to the 3rd February 2014.


Explore more about      Solicitors Limerick

The highlights of the Annual Review

The Injuries Board (formerly known as the Personal Injuries Assessment Board)recently published its Annual Review 2013.

By law, personal injury claims must go to the Injuries Board for assessment, regardless of whether the claimant has legal representation or not. There are only a few exceptions.

The board makes awards relating to motor, employer and public liability accidents without the need for litigation.

 The highlights of the Annual Review are as follows:-

·         Limerick had the largest number of claims (on a per capita basis)

·         10,656 awards were made totalling €243.5 million

·         the highest award made was €1.39m

·         average award was €22,847

·         motor liability claims accounted for 75% of claims (an increase of over 8%)

The average injury award for motor accidents was €21,730, for employer's liability €28,886 and public liability €25,120.

Of particular interest is that over one third of claimants still continue to reject the awards suggested by the Injuries Board at the end of the process preferring instead to seek higher awards through issuing court proceedings.

The Injuries Board also does not provide for legal costs (savein very limited circumstances) which means if a claimant is to engage a solicitor to protect his/her interest and progress the claim, the solicitors costs will need to be deducted from any Injuries Board award.

It is therefore unsurprising that a large proportion of claimants opt to pursue the matter through the courts where legal costs may be recovered separate to any award of damages. It is not unusual for a claimant to achieve 30-50% more in terms of compensation achieved in an out of court settlement after the Injuries Board process has concluded.

Moloney & Associates, Solicitors, offer a comprehensive personal injuries advice service, assisting our clients in making applications to the Injuries Board and offering advice on the merits and value of claims.

If you would like to discuss a possible claim, be it motor vehicle, a workplace accident or apublic liability claim then please contact us for a no obligation consultation at our offices here in Limerick City.

Explore more about      Limerick Solicitors