Matthews v Eircom (Approved) [2021] IEHC 456 (02 July 2021)

A court order made on consent in settled personal injury actions is valid under s.343R of the Social Welfare (Consolidation) Act, 2005, and does not require the Minister to be put on notice or to consent. The term 'court order' is not limited to orders made after a hearing.

Source-derived case information.

Citation: [2021] IEHC 456
Parties: Plaintiff: Maurice Matthews; Defendant: Eircom
Jurisdiction: Ireland
Judgment Date: 02 July 2021
Procedural Posture: Personal Injury / Settlement Approval and Order on Consent
Outcome: Proceedings struck out by consent; costs to plaintiff; determination of 50/50 settlement basis.
Legal Topics: Recoverable Benefits, Court Orders on Consent, Apportionment of Liability, Minister's Right to Notice

Personal Injury Social Welfare Law Recoverable Benefits Court Orders on Consent Apportionment of Liability Minister's Right to Notice

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2

Parties

Maurice Matthews

Plaintiff

Eircom

Defendant

Procedural Posture

Personal Injury / Settlement Approval and Order on Consent

Legal Issues

1 Whether a court order made on consent in settled personal injury actions satisfies s.343R of the Social Welfare (Consolidation) Act, 2005
2 Whether the Minister must be put on notice or consent to such orders
3 Interpretation of 'court order' under s.343R(2)

Ratio Decidendi

Court Disposition

Proceedings struck out by consent; costs to plaintiff; determination of 50/50 settlement basis.

Orders

Proceedings struck out with order for costs to plaintiff to be adjudicated in default of agreement, including reserved or discovery costs.
Determination that proceedings settled on a 50/50 basis.

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