The Supreme Court in Dillon v Irish Life Assurance plc
[2025] IESC 37 has clarified that a claim for emotional
disturbances, such as anxiety, distress, worry, fear, inconvenience
and upset, that fall short of a recognised psychiatric disorder are
not a 'personal injury' within the meaning of the Personal
Injuries Assessment Board Act 2003, as amended (2003
Act).
As a result, prior authorisation from PIAB (now the Injuries
Resolution Board) (PIAB) before issuing
proceedings solely for such claims is not required.
Background
As set out in more detail in our earlier briefing on the High Court judgment in this
case, the plaintiff claimed non-material damages pursuant to the
GDPR and Data Protection Act 2018 (2018 Act) for
distress, upset, anxiety and inconvenience following alleged data
protection breaches by the defendant. The Circuit Court and,
following an appeal, the High Court found that the claim amounted
to an action for personal injury under the 2003 Act.
