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ARTICLE · 30 JULY 2025

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Supreme Court Clarifies Emotional Distress Claims: PIAB Authorisation Not Required

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On 25 July 2025, the Supreme Court delivered a pivotal decision in Dillon v Irish Life Assurance Plc [2025] IESC 37, which clarifies the treatment of emotional distress claims...

IrelandLitigation, Mediation & Arbitration
Lisa Mansfield
Lisa Mansfield
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On 25 July 2025, the Supreme Court delivered a pivotal decision in Dillon v Irish Life Assurance Plc [2025] IESC 37, which clarifies the treatment of emotional distress claims that do not meet the threshold of recognised psychiatric injury. The Supreme Court has ruled that claims for emotional distress such as upset, anxiety, and inconvenience, which do not involve a recognised psychiatric injury, are not considered personal injury claims under Irish law. This means that PIAB authorisation is not needed before issuing proceedings.

Background

This case involved repeated data breaches by Irish Life Assurance over a 12-year period, during which the plaintiff's personal and financial information was mistakenly sent to a third party. In response, the plaintiff instituted proceedings alleging negligence and breach of duty, seeking damages for emotional distress, upset, anxiety, and inconvenience. Crucially, he did not first obtain authorisation from the Personal

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