This is an Irish High Court case ([2025] IEHC 534) and the judgment was published on 20 October 2025.
Overview
The High Court struck out professional negligence claims against three solicitor firms. The plaintiff alleged mishandling of her personal injury claim following a 2017 road traffic accident. Her underlying claim remains live and uncompromised. The judgment clarifies the high threshold for such claims and the importance of evidence and actual loss.
Background
The plaintiff engaged four different solicitors between 2017 and 2021 to pursue her personal injury claim. She later sued the first three firms for alleged failures such as not issuing letters of claim properly, not obtaining Garda reports, and poor advice. The Court noted that liability in the underlying accident was admitted and the personal injury claim was still ongoing.
Legal reasoning
The Court applied Order 19, Rule 28 RSC, which allows dismissal of claims that disclose no reasonable cause of action, are bound to fail, or amount to an abuse of process. Key findings included: (1) No actual loss or prejudice identified; (2) No independent expert evidence provided despite opportunity; (3) Complaints were based on misunderstandings or dissatisfaction rather than actionable negligence; (4) Serious allegations were made without evidence, amounting to abuse of process.
Plaintiff’s claims and court’s findings
Claims included failure to issue timely letters of claim, mishandling PIAB forms, and failure to advise on limitation periods. The Court found these criticisms misguided, noting that letters were issued, PIAB’s refusal was unrelated to alleged errors, and no prejudice arose. The plaintiff’s refusal to obtain expert evidence was fatal to her case.
Implications for insurers
- Early Strike-Out: Insurers can confidently seek early strike-out of claims lacking expert evidence or proof of loss.
- Defensible Claims: Claims without actual loss or expert support are unlikely to succeed—reducing indemnity exposure.
- Cost Control: The judgment supports robust defence strategies, helping to control legal costs and avoid unnecessary settlements.
- Risk Management: The decision discourages speculative or vexatious claims, supporting better risk management for professional indemnity portfolios.
Practical recommendations
- Insist on evidence of actual loss and an independent expert opinion before considering indemnity, upon immediate receipt of proceedings and or settlement.
- Use this precedent to challenge weak or unsupported claims at an early stage.
- Advise insured solicitors to document advice and client communications, and to seek early expert input if a claim is threatened.
If you have questions about defending professional negligence claims or would like to find out more, contact our team today.
