High Court, in personal injuries proceedings, finds for the plaintiff/appellant on a two-thirds/one-third liability basis, overturning the Circuit Court's decision. The plaintiff was awarded €10,870 in damages after the court determined the accident was primarily caused by an untraced driver's actions, but the plaintiff was also deemed partly responsible for failing to drive in a manner that would allow him to react to the emergency. The court also addressed several issues on costs, including the appellant's entitlement to costs in both the Circuit Court and High Court, the costs of the successful defendant, and whether the Motor Insurers' Bureau of Ireland was entitled to a differential costs order.
Traffic collision - liability split - contributory negligence - untraced driver - damages award - High Court - Circuit Court - Motor Insurers' Bureau of Ireland (MIBI) - costs entitlement - differential costs order - "order over" application - "without prejudice save as to costs" letter - 1% rule - MIBI Agreements - Courts Act 1981 - Courts of Justice Act 1936 - Legal Services Regulation Act 2015.