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File photo of the Four Courts building in Dublin city. Shutterstock/Semmick Photo

President of High Court asks people to negotiate personal injury cases as pandemic causes large backlog

Some 320 claims, which were postponed since 18 March, were listed for mention this week.

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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    Mute Pat O'Brien
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    Jan 25th 2021, 11:10 PM

    I just can’t wait to eat out again. This nearly brought a tear to my eye. Well done to all. I absolutely believe Irish food is the best in the world.

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    Mute Terry Cahill
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    Jan 25th 2021, 11:45 PM

    @Pat O’Brien: latest addition is Turkish … Dede…

    52
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    Mute Vonvonic
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    Jan 26th 2021, 12:23 AM

    @Terry Cahill: He”s had it in a different restaurant in Baltimore before too. A wizard.

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    Mute Alan Cowdell-Browne
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    Jan 25th 2021, 11:36 PM

    What about Supermacs Salthill

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    Mute Seán Óg
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    Jan 25th 2021, 11:41 PM

    @Alan Cowdell-Browne: That’s on the 3 star list Alan

    112
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    Mute Alan Cowdell-Browne
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    Jan 25th 2021, 11:48 PM

    @Seán Óg: ah, that’s ok then. Thought it had been completely overlooked.

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    Mute Vonvonic
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    Jan 26th 2021, 12:26 AM

    @Alan Cowdell-Browne: After about 25-30 pints in O Conners I’d give it a star.

    26
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    Mute Noel Barnes
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    Jan 26th 2021, 9:17 AM

    @Alan Cowdell-Browne:
    only after midnight and full of pints

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    Mute Seán Óg
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    Jan 25th 2021, 11:44 PM

    Congratulations to all. I’m salivating at the thought of a night out at one of these fine establishments!

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    Mute John Killeen
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    Jan 25th 2021, 10:51 PM

    An absolute joke that Lignum in Loughrea did not get the nod.

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    Mute Aoife Mac Cana
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    Jan 25th 2021, 10:55 PM

    @John Killeen: Lignum is a relative newcomer given that it opened in 2019 and was closed for the majority of 2020. It’s a serious contender for next year.

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    Mute Peter Cavey
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    Jan 25th 2021, 11:08 PM

    @Aoife Mac Cana: Aimsir opened in 2019 too and is a 2*

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    Mute John kane
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    Jan 25th 2021, 11:10 PM

    @John Killeen: was really expecting to see Enzos in ennis to make the list too

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    Mute Aoife Mac Cana
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    Jan 25th 2021, 11:27 PM

    @Peter Cavey: Jordan Bailey came from a 3* to open Aimsir, and had more than a full year in business for repeat visits by judges, Lignum not so.

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    Mute Peter Cavey
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    Jan 25th 2021, 11:40 PM

    @Aoife Mac Cana: fair enough, I didn’t know that.

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    Mute Caroline Keary Mulvey
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    Jan 26th 2021, 9:38 AM

    @Aoife Mac Cana: next year maybe

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    Mute Neill Dagger
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    Jan 26th 2021, 10:14 AM

    @John Killeen: Lignum isnt even close to the standard required. I have been to most of the others too.

    Lignum was by far the most overhyped experience I had in 2020

    Now it is possible that we had a bad night. But it was pretty poor.

    Service in particular was shocking and the sommelier very rude

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    Mute Galwaygogo
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    Jan 26th 2021, 12:11 AM

    The sad thing in this is most of these restaurants were only open for 2 and a half months like so many others… well done all!

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    Mute Gavin Linden
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    Jan 25th 2021, 11:49 PM

    Good that we have the names here, good to have a list of places to avoid when we do eventually get to eat out.

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    Mute Seán Óg
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    Jan 25th 2021, 11:54 PM

    @Gavin Linden: If there was a Michelin star for begrudgery, you’d win hands down.

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    Mute Phillip O'Brien
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    Jan 25th 2021, 11:56 PM

    @Gavin Linden: What’s your logic?

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    Mute Gavin Linden
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    Jan 26th 2021, 12:14 AM

    @Seán Óg: Not a bit Sean. I have indicated that they are a list of places for me to avoid, not suggesting any one else should. Personally I prefer simple honest food that is presented in substantially sufficient portions to both enjoy and to actually feel fed after. The amount of pretentious nonsense attributed to ‘award winning’ restaurants and the constant bs discussed on practically every radio and tv by gobsheens about cooking a bloody meal is unreal. I’ll add to that any place that includes the ‘gourmet’ in their literature gets a wide berth from me too. Normally just an excuse to throw an extra fiver on a crap burger with a slice of aldi processed cheese on top and a tea cup with six chips. Oh and least I forget it’ll most likely be served with a Ballymaloo relish,the only thing I have yet to see that muck been offered on is atop a pint of Guinness. But hey, here’s hoping.
    Me? begrudging? No way…

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    Mute Seán Óg
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    Jan 26th 2021, 12:21 AM

    @Gavin Linden: That’s a mighty big chip on your shoulder Gavin. Would you like some Ballymaloe relish to go with it?

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    Mute Gavin Linden
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    Jan 26th 2021, 12:29 AM

    @Seán Óg: Ha Ha, good man Sean. I’d say it’s actually a balanced opinion. I’ve a chip on both shoulders. Dam, that leaves only four ‘special hand cut chips’ in me cup.. probably a waste ordering the relish. Anyway, thats my rant for today..

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    Mute Eugene Norman
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    Jan 26th 2021, 12:47 AM

    @Gavin Linden: you’d prefer a gravy to a jus?

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    Mute Gavin Linden
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    Jan 26th 2021, 1:02 AM

    @Eugene Norman: On da ball Norman good man, you have me sussed. By the way thats another one word on my list of offending vocabulary on a restaurant publication.

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    Mute Hawm Quinzy
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    Jan 26th 2021, 8:21 AM

    @Gavin Linden: do you know that one of the criteria for obtaining a Michelin Star is that you serve decent sized portions?

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    Mute Auntie
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    Jan 25th 2021, 10:59 PM

    Variety Jones is extraordinary- the brothers Higgs have surely found their boson.

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    Mute Paul Gorry
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    Jan 25th 2021, 11:42 PM

    Pity they won’t get the chance to prove it.

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    Mute Seán Óg
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    Jan 25th 2021, 11:46 PM

    @Paul Gorry: But they did prove it. That’s why they received the award.

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    Mute Paul Gorry
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    Jan 25th 2021, 11:48 PM

    @Seán Óg: beg to differ i like to taste the food myself.

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    Mute Seán Óg
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    Jan 25th 2021, 11:51 PM

    @Paul Gorry: I’m sure they won’t put their plaques up until you’ve given them the thumbs up! ;0)

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    Mute Paul Gorry
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    Jan 25th 2021, 11:56 PM

    @Seán Óg: The only thing going up is their prices Sean. They can stick their plagues were the sun don’t shine.

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    Mute Seán Óg
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    Jan 26th 2021, 12:03 AM

    @Paul Gorry: Yawn. Why are some people so begrudging towards others who work extremely hard to get to the top? I’m sure KFC is more your scene Paul, I hear the bargain bucket is finger lickin good.

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    Mute Paul Gorry
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    Jan 26th 2021, 12:16 AM

    @Seán Óg: yawn why do some people belittle KFC sean? Most are franchised employing people and work extremely hard. Stop speculating on my scene by the way.

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    Mute Seán Óg
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    Jan 26th 2021, 8:26 AM

    @Paul Gorry: Can you point out where I belittled KFC? You’ve just belittled the hard work so many people put in to get a Michelin star. Amadán.

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    Mute Eugene Norman
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    Jan 26th 2021, 12:46 AM

    Kilkenny doing well.

    11
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    Mute John Mc Kernan
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    Jan 26th 2021, 5:42 AM

    @Eugene Norman: yes Mr Kelly is ahead of the posse in that part of the World !

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    Mute Isabella Hickey
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    Jan 26th 2021, 11:45 AM

    Congratulations to all! Looking forward to eating out again

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    Mute Virgil
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    Jan 26th 2021, 12:21 PM

    I remember going to a ‘top’ restaurant once and having to go to the chipper afterwards cause I was still bleedin hungry.

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    Mute Dpm101
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    Jan 26th 2021, 2:04 PM

    And none North of the imaginary squiggly line?

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    Mute Seán Óg
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    Jan 26th 2021, 2:27 PM

    @Dpm101: Eipic, Ox and The Muddlers Club, all in Belfast. Have eaten in The Muddlers Club. Exceptional is an understatement.

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    Mute Anto H
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    Jan 26th 2021, 7:03 AM

    Can’t wait for Variety Jones to be back

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    Mute Critical Thinker
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    Jan 26th 2021, 7:06 AM

    Will their finish at home version be as good for those who live within 5km?

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