Gary Matthews Solicitors

In AIB PLC v Dorey [2022] IEHC 317 the plaintiff issued a summary summons on foot of three loans made to the defendant in 2008. It came before the High Court on foot of an application for judgment in default of appearance. Although the application was for judgment in default, with the plaintiff’s consent, the High Court (Court) approached the application as one for summary judgment. It followed that the Court had to consider whether the plaintiff had adequately pleaded and proved a prima facie case. The particular issue that was the focus of the Court’s judgment was whether the plaintiff’s plea in the summary summons was sufficient to satisfy the requirements laid down by the Supreme Court in Bank of Ireland Mortgage Bank v O’Malley [2019] IESC 84. O’Malley requires pleadings to specify how a sum allegedly due is calculated (Information Obligation).

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Proposed reforms to the Personal Injuries Assessment Board (PIAB) should be implemented as swiftly as possible, an Oireachtas committee has said.

The joint committee on enterprise, trade and employment has completed its pre-legislative scrutiny of the general scheme of the Personal Injuries Resolution Board Bill.

The bill will rename the PIAB as the Personal Injuries Resolution Board (PIRB) and will provide for greater access to mediation as a means of resolving a claim.

Maurice Quinlivan, committee cathaoirleach, said: “The committee recommends the swift passage of this bill and urge that the concentrated focus on delivering insurance reform should continue.

“It is encouraging to see that the new system of quantum of damages is bringing down the level of settlement. However, the rates of litigation are still too high, and the proposed bill should allow more to be settled by PIAB.”

To read the full story please visit:
https://www.irishlegal.com/articles/committee-backs-swift-passage-for-piab-reform-bill

Andrew McGahey and Aoife Ryan of Kennedys examine the Representative Actions for the Protection of the Collective Interests of Consumers Bill 2022.

The EU Representative Actions Directive (EU) 2020/1828 is to be transposed into Irish law by 25 December 2022, with effect from June 2023. The Directive aims to improve consumers’ access to justice by introducing a standardized EU wide legal mechanism by which consumers, who are affected by the same alleged infringements of EU law, can bring a representative action – also commonly referred to as a collective or group action – for injunctive relief and/or redress.

The Irish government recently published its draft general scheme of the Representative Actions for the Protection of the Collective Interests of Consumers Bill 2022. Whilst the final legislation is likely to look somewhat different to the draft bill, it will nevertheless be novel, because there is no existing legislative framework or legal procedure in Ireland which provides for collective redress, or any form of group action akin to those available in other jurisdictions.

Against a growing trend of mass consumer led litigation across the globe, the scheme will inevitably have a pronounced impact on the Irish litigation landscape in the coming years.

To read the full story please visit:
https://www.irishlegal.com/articles/analysis-the-introduction-of-class-actions-in-ireland