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Mind the gap: The Irish Court of Appeal identifies apparent legislative lacuna when applying to dismiss fraudulent personal injuries claims

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A recent Court of Appeal decision highlights procedural difficulties for Defendants when considering an application to strike out proceedings on foot of false or misleading evidence. In Lynch v Motor Insurers Bureau of Ireland [2026] IECA 95 the Court of Appeal upheld a prior High Court refusal to strike out the proceedings where a loss of earnings claim is withdrawn on the eve of trial. The decision evidences an apparent legislative lacuna in the provisions of section 26 of the Civil Liability…
By: Kennedys
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