For the first time the Irish High Court has assessed compensation in a personal injuries case under the laws of another EU state. Peter Kelly from Dublin had sued a French insurer after being hit by a municipality van while holidaying in the South of France. He suffered serious injury to his hip and subsequently required a hip replacement. The insurance company accepted liability and argued that the laws regarding assessing compensation in France should be applied in the High Court here. This was allowed by the High Court here under a 2009 EU regulation harmonising laws of member states. The High Court awarded the sum of €88,167 to the Plaintiff having regard to the practices used in France.
The headings and methodology used in the French Courts were applied by the Irish Court in assessing damages. This decision is very interesting from a personal injuries law perspective and we can expect to see similar type applications being made by EU insurers in the future.
By Personal Injury Law Department Healy O’Connor Solicitors