No appeal in discount rate decision

Just a few days ago, the routes to appeal in relation to the discount rate for future pecuniary losses in personal injury cases were exhausted with the court’s refusal to entertain a hearing on the issue.

This development is not, however, in the context of the Association of British Insurer’s recent challenge to the Lord Chancellor’s plans for the statutory discount rate in the UK but rather it arose from the decision of the Supreme Court of Ireland to refuse the compensator’s application for leave to appeal in Gill Russell v HSE.

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Court of Appeal finds Irish motor insurers liable to pay Setanta claims

The decision on appeal about liability for claims against Setanta motor policies has been delivered relatively quickly. On 2 March 2016 the three members of the court found unanimously – upholding the decision of the High Court last September – that the Motor Insurers’ Bureau of Ireland (MIBI) would be liable to meet them, rather than the burden, estimated at €90m, falling on the broader base of the statutory insurance compensation fund. The Irish Times reports that this cost will have to be funded by a one-off additional charge of €50, on average, on every motor policy issued in Ireland. Continue reading

A sequel to Setanta?

The Court of Appeal in Ireland last week heard the Irish MIB’s appeal against the High Court’s decision last September that MIBI members – those motor insurers authorised to write in Ireland – are liable to meet claims, in Ireland, made against Setanta, the collapsed motor insurer. Mr Justice Ryan, President of the Court of Appeal, reserved its judgment to an unspecified date, which he said would be “as soon as possible”. Continue reading