Irish Small and Medium Enterprises Association: Twomey Personal Injury Judgement

DUBLIN, Ireland, Sept. 23 — The Irish Small and Medium Enterprises Association issued the following news release:

The reporting of the Twomey judgment by Charlie Weston in the last Saturday’s Irish Independent raises a number of fundamental issues which are not being addressed in the current insurance reform process.

Firstly, the Twomey judgment torpedoes the continuous propaganda  “personal injury solicitors Dublin”  from the Law Society that the insurance issue is exclusively down to profiteering by insurers. The judgment makes explicitly clear what policy holders have known for a very long time: a minority of solicitors are actively engaged in the production of fraudulent or actively exaggerated claims before our courts. The claim in this case went to court because the defendant contested a sum of Euros400 to settle what she felt was effectively a no-damage collision between vehicles. Yet this Euros400 fender-bender morphed into two circuit court personal injury claims, both of which were appealed to the High Court. Furthermore, and despite the fact that the Circuit Court found that one of the cases was fraudulent, the plaintiff’s lawyers sought exemplary damages in the High Court because the defendant raised the issue of fraudulence. This is lunacy.

Justice Twomey also noted the referral of both plaintiffs directly to medical consultants, for reasons he concluded were medical, not legal, in nature.

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