Background
In January 2026, the High Court delivered judgment in Higgins v Coleman and Motor Insurers’ Bureau of Ireland1 on the issue of costs and considered the consequences of advancing a seriously flawed and excessive loss of earnings claim in personal injury actions.
In the personal injury action, the Plaintiff advanced a claim for financial losses of approximately €1.752 million, of which €1.4 million was claimed for loss of earnings and €342,602 for loss of capital appreciation of properties. Although the Plaintiff ultimately succeeded in obtaining a total award of €170,564, the Court awarded €60,000 for past loss of earnings with nothing allowed for future loss of earnings or capital losses. The extent of the loss of earnings claim related to four years' past loss of earnings on a reduced basis equivalent to minimum wage figures.