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Court of Appeal reduces the damages awarded by the High Court for a personal injury claim, citing a failure to adhere to the Personal Injuries Guidelines as an error of law. The original award of €84,277.00 was decreased to €50,287.70, with the Court noting the absence of guidance from the parties on the application of the Guidelines. Despite the defendants' successful appeal, the Court declined to order costs in their favor, attributing the necessity of the appeal to the defendants' failure to assist the High Court. The Court also refused the defendants' request for a differential costs order, as the original claim value was close to the Circuit Court's jurisdictional limit, making the High Court an appropriate venue for the proceedings.
Personal Injuries Guidelines, Court of Appeal, High Court, damages reduction, contributory negligence, Calderbank offer, costs of appeal, differential costs order, Legal Services Regulation Act 2015, Circuit Court jurisdiction, error of law, assessment of damages, dominant injury, appeal procedure.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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