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ARTICLE · 02 OCTOBER 2026

Mind The Gap: Unverified Claims And The Limits Of Section 26

RDJ LLP
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This decision is the first resolution of the Superior Courts in the Irish jurisdiction to address whether the provisions of section 26(1) of the Civil Liability and Courts Act 2004 can be extended to apply in proceedings where an unverified claim for loss of earnings is jettisoned without any explanation prior to the commencement of the trial.

IrelandLitigation, Mediation & Arbitration
Marianne Lonergan
Marianne Lonergan
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Introduction

In May 2026, the Court of Appeal delivered its landmark judgment in Lynch -v- Motor Insurance Bureau of Ireland [2026] IECA 95. This decision is the first resolution of the Superior Courts in the Irish jurisdiction to address whether the provisions of section 26(1) of the Civil Liability and Courts Act 2004 can be extended to apply in proceedings where an unverified claim for loss of earnings is jettisoned without any explanation prior to the commencement of the trial. 

What Happened?

The Plaintiff suffered personal injuries in a road traffic accident (RTA) due to the negligence of an unidentified driver on 5th of July 2015, commencing legal proceedings for personal injury seeking compensation thereafter. The primary issue for the High Court to resolve was the extent to which the Plaintiff’s capacity to continue work as a stonemason was reduced following the alleged injuries sustained in the RTA at issue. 

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