The maximum limit that the Circuit Court can award in personal injury actions is being increased. That means fewer cases will go to the High Court but can the courts system cope?
The changes to the monetary jurisdictions of the civil courts provided for in Section 2(1) and Part III of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 will now come into effect on 3rd February, 2014. With effect from the 3rd of February 2014 the jurisdiction of the:
District Court in civil proceedings will increase to €15,000
Circuit Court in civil proceedings (other than personal injury claims) increase to €75,000
Circuit Court for personal injury actions will increase to €60,000
While at first glance this may seem a significant increase in the amount of damages these Courts can award in personal injury matters, the reality is that these increases are less than in previous years. For example between the years 1981 to 1991 the jurisdiction of the Circuit increased by double from IR£15,000 to IR£30,000.
The changes introduced by the 2013 Act are lower than the proposed increase to €100,000 previously proposed in the Court and Court Officers Act 2002. Those changes now to be introduced are probably more in line with changes in the cost of living in the current economic climate. The impact of these jurisdiction changes will however be far more than monetary. From the prospect of defending personal injury claims, it is worth noting that in 2012, the High Court awarded damages in 375 cases;
- 60 of these cases awarded below the current Circuit Court jurisdiction
- and 199 of these cases were between €38,000 and €99,999.
There are no figures available for the specific number of cases awarding below €60,000 but that number can be presumed considerable.
IMPLICATIONS FOR PERSONAL INJURY CASES
The reality is that the increase in jurisdictions is likely to lead to a resulting increase in awards of damages in personal injury cases. However the lowering of the jurisdictions should result in a corresponding reduction in legal costs for insurers together with a quicker timeframe for completing personal injury claims. The low monetary level of the District Court and Circuit Court jurisdiction has for a long time meant that relatively modest personal injury and accident claims were being taken in the High Court. The consequences of this was to increase legal costs while being a wasteful use of court resources and it is this that clearly the government is trying to address. One matter of concern however is that these changes will greatly increase the numbers of cases before the District Courts and Circuit Courts. This will lead to a significant increase in the workload of both courts at a time when District Courts around the country are being closed. Given that there is minimal recruitment in the public sector, practitioners can only hope that there will be no knock-on impact on court lists leading to delays in progressing and hearing cases.
If you believe you have a personal injury claim calls us at Carmody Moran on 01 8272888 or fill in our enquiry form here.
INDEPENDENT GOOGLE CLIENT REVIEWS
Aileen Power
16:36 10 Mar 23
Carmody Moran recently helped me with the sale of my home. Niamh, Caila and all the team were fantastic to deal with from start to finish. They explained everything so clearly, were extremely professional, efficient and always responded promptly. On top of that they were just such a friendly group of people to deal with. I would highly recommend them.
Guillaume Rachet
16:25 20 Jan 23
The client service was really great. Understanding, easy to deal with and reactive
Joe Marsh
17:59 26 Sep 22
We recently closed on a first time house purchase and we were very pleased with how the whole process was handled at Carmody Moran. They always responded clearly and promptly to the many queries I had along the way and were on the ball with following up issues with the sellers solicitors to keep the process moving.The reason I went with them originally over other options was because they gave a very clear breakdown for the charges and the quoted price we were given was transparent and easy to understand compared to other quotes I received.I will definitely use them again if the need arises and recommend them to my friends and family.
Kenneth Ohaa
09:52 01 Sep 22
I got the keys to my new house a few weeks back. I cannot recommend Carmody Moran Solicitors highly enough. It was a bit lengthy as I was buying and selling at the same time. In such cases you need experienced and competent solicitors such as Carmody Moran Solicitors.Stephanie and Helen were a pleasure to work with. Very transparent and communicative. Also occasionally dealt with Lucy and Caila. They were brilliant as well.I would like to say Thank you to the entire Carmody Moran team.Kenneth
Salt Almighty
06:16 10 Aug 22
I needed a solicitor to arrange a mortgage, and they went above and beyond to help me !I would advise them to anyone
Andrew NEROH
19:39 04 Jul 22
My partner and I recently made the acquisition of our first home and it was a lengthy and difficult process, due to the fact we were buying from a receiver.In such difficult cases, you will need a legal representation as competent and professional as Carmody Moran Solicitors on your side.We were primarily dealing with Stephanie who gave us regular updates, helped us understand what is happening and what to do. We felt our interest always came first which made every appointment with her something we looked forward to.We were also occasionally in contact with Lucy, Niamh and other brilliant members of the firm, all of whom provided an excellent level of support and knowledge in Stephanie's absence.I couldn't recommend Carmody Moran enough. I would like to give a heartfelt thank-you on behalf of myself and my partner to every one involved at the firm who helped us make our dream a reality. We will not hesitate to call upon your services again should the occasion arise.Andrew.
jonathan
16:14 28 Jun 22
I would highly recommend Carmody Moran Solicitors. Niamh Moran and her team helped and supported me through the sale of my home. The transaction was dealt with efficiently and quickly. Every step was clearly explained from the Sale Questionnaire, Contract for Sale to Completion.
Herghelegiu Oana
22:44 20 Jun 22
We just got the keys to our dream home 🏡 special thanks to Stephanie,Helen,Caila and Carmody Moran team.All the girls are very friendly and helpful.Stephanie was a pleasure to have you as our solicitor.Highly recommend!
Karolina Siwakowska
20:00 28 Mar 22
We've just got the keys to our dream home and Carmody Moran has helped us with all the legal work. We've been dealing with Stephanie and Helen and they both have been great: friendly, professional and communicative. The whole process can be intimidating at times, but they've made sure to make it as easy as possible for us. They've represented us well. Highly recommended.
ciara daly
16:27 18 Feb 22
Anthony and his team went above and beyond for me, everything was always looked after and I was constantly kept in the loop for my RTA case. From phone calls to emails to dealing with insurers. Gave me great peace of mind that I chose the right solicitor and Anthony himself is a gentleman. I would highly recommend Carmody Moran Solicitors.
Cassandra Reyes
11:11 14 Jan 22
Tony is quick and responsive to me. Very professional and would definitely recommend to my family and friends.Thank you so much.
Martin Kinsella
17:23 15 Dec 21
CarmodyMoran were a pleasure to deal with. I found them to be extremely helpful in all my queries and responded to me in a very personal and professional manner.
Marie Byrne
14:06 30 Nov 21
Anthony & Niamh are our family Solicitor, so had no hesitation when the decision was made to sell of our family home. They dealt with my dad in the most caring manner explaining everything in detail. I dealt with Helen Ryan and Stephanie Tierney. The response to every query was exceptional. An absolute pleasure to deal with. If they were unavailable Emma at reception would pass all messages on. It was a very positive experience and a fantastic team at Carmody/Moran Solicitors. Thank you. Marie Byrne
Jennifer Foley
18:13 27 Nov 21
Excellent.I am a client of Carmody Moran for the last few years.Niamh is a lovely person she made a difficult and lengthy process easy and answered any questions in a timely manner, very approachable and thorough.With her guidance and experience I found her to be very professional and understanding of my position, every step of the process was explained to me without overwhelming me.I cannot speak highly enough of Niamh and her team.I am happy to recommend them to anyone.
Richard Lawrence
13:04 02 Sep 21
Would highly recommend.Tony and his team were absolutely brillant dealing with my case.Tony made me feel comfortable from day one, he explained everything to me at all times . Any time I had questions about thing's there was no problem in picking up the phone or sending a email Tony always got back to me and answered my questions.Fantastic service.
Fran Carroll
18:10 10 Jun 21
Tony an his team are brilliant.Left no stone unturned.
Lorenzo Galati Giordano
08:11 03 Jun 21
We availed of Carmody Moran Solicitors for the sale of our property. Niamh and her team were very efficient, quick, easy to reach and, most importantly, proactive to solve issues and process the sale. Really happy with the service and a very good value for money. Highly recommend!
Annamay Rowan
12:21 10 Mar 21
Would highly recommend Anthony Carmody as he was so supportive with me and my family's case. If you made contact he would ring or email you back that day and explain things in your language.
Anant Batra
00:05 05 Feb 21
Fantastic experience dealing with Anthony. Excellent and quick communication. Would highly recommend!
Elvyra Petkeviciute
15:43 02 Sep 20
Great service, efficient, proffesional, very responsive. Over all very happy with services.
Tracy Ankers
11:22 02 Aug 20
Would highly recommend Anthony and his team .
Elaine McSweeney
10:01 31 Jul 20
Really pleased with the advice, help, communication and understanding that I received all the way through my case. A very personable and professional firm with the focus always on the client.
Maxine Hudson
13:47 12 May 20
Would highly recommend. No nonsense straight to the point. Kept informed at all times during the process. Anthony and staff all great.
Mark Kelly
02:11 06 Feb 20
Great team to deal with, very professional, communication from them constantly was beyond amazing, nothing but great things to say for them, Tony went above and beyond for me, highly recommended A++ for there service, thank you again guys much appreciated.
Mick Giles
15:50 09 Dec 19
My experience with this law firm was exceptional. Tony is a very professional man who gave me his time and opinion without over promising on the result. Honest and trustworthy - Highly recommend
david clarke
17:01 02 Dec 19
Absolute pleasure working with the CM team. Highly professional, always helpful. Great communication and made the process as hassle free as possible. Highly recommended.
Matthew Canning
17:17 23 May 19
Streetfront Lawyers.
Alan Alyyan
19:14 21 Jan 19
Professional Solicitors that you can depend on!
Vanja Jovanovic
07:49 06 Jul 18
We have dealt with both, Niamh and Anthony. Very pleased with the level of service. Very professional and always there to answer any questions we had while guiding us through the process. Highly recommended
Bonnie B
07:52 14 Jun 18
Great to deal with professional,patient and efficient. Big thanks to Niamh, Leanne and Camilla .
declan mcgrath
07:36 12 Jun 18
Great service from Niamh, Leanne and all the team at Carmody Moran. Thanks
Phyllis Dalton
16:33 31 May 18
Our experience with Carmody Moran was very positive. They were very professional and always there on the phone if I ever needed anything. Great service.
Andrew Penrose
23:57 24 May 18
We selected Carmody Moran to represent us. Great experience with Niamh and the crew after over a year engagement on property dealings have nothing but great things to say. Very professional, prompt to queries and very responsive. Highly recommended.
Paul Moran
17:52 25 Feb 18
Professional but very friendly and courteous.
jingjing xu
16:11 15 Jun 15
I went to Carmody after deciding to get a house. I found their work is detailed and very reliable. I will go again to them for next time legal service.
David McGowan
16:43 14 May 15
I went to Carmody Moran Solicitors after a car accident and needed injury claim advice, I was incredibly impressed and was kept well informed of how my claim was progressing.They were very straight forward and never set unrealistic time frames or over promising but delivered on everything, They were consummate professionals and I really can't thank them enough, I would highly recommend them to anyone and I will use them for any legal advice I may have in the future.
Terry Palmer
15:24 23 Apr 15
I have always found the service offered by Carmody Moran to be first rate and i would would have no hesitation in recommending them.
Niamh Moran is a partner at Carmody Moran Solicitors in Dublin. Niamh’s litigation experience includes injury claims law (both Plaintiff and Defendant) and is an Advisory Board Member of the State Claims Agency.