Our Insurance team includes solicitors from a number of practice areas including our Litigation and Dispute Resolution and Healthcare Law teams. Our insurance team is one of the most highly respected defence litigation teams in the country. We are recognised for our ability to work efficiently and cost-effectively in resolving our clients’ disputes and minimising the stress and costs involved.
Our extensive expertise in product liability involves acting in complex, high profile matters. We also defend personal injuries claims and property damage claims, particularly in the context of employer’s liability and public liability. The team act on behalf of State entities, financial institutions, banks and insurance companies and some of the leading self-insured, privately insured and commercial operators in Ireland in relation to employer’s liability, public liability and property damage claims.
Our work involves advices on complex issues in the context of highly sensitive claims. We have obtained favourable High Court, Court of Appeal and Supreme Court decisions for our clients on issues such as vicarious liability, trial costs, Statute of Limitations, discovery and the dismissal of claims on the basis of delay. We advise on a wide variety of employer’s and public liability claims, both in the context of court proceedings and mediations. We are experienced in managing ‘group’ litigation involving a large number of individual claimants with shared factual claims.
We have been involved in the majority of the benchmark legal cases and challenges in healthcare in Ireland, particularly in major cases on consent and complex high value catastrophic injury claims, and in cases that have had a significant impact on how costs are determined and awarded in personal injuries and professional negligence cases. We understand the medico-legal landscape and the complex challenges facing today’s medical indemnifiers, and the medical and dental practitioners and other healthcare professionals they serve. We are known for dealing efficiently and advising urgently on complex, high value, novel claims including groups of numerous similar claims
We are a leading firm in the defence of medical negligence claims and in representing clinicians before their regulatory bodies. Our Healthcare Law team is the largest dedicated medical defence team in the country. We have represented the HSE, the Department of Health and clinical and multidisciplinary staff in the public sector for over 20 years through the State Claims Agency’s Clinical Indemnity Scheme and for over 60 years on behalf of medical indemnifiers. Given the depth and breadth of our experience we are trusted by our clients with their most sensitive, complex and high value medical claims, many of which we resolve through the use of alternative dispute resolution.
We have a number of highly experienced and respected mediators who are committed to exploring alternative dispute resolution mechanisms as an alternative to litigation. We are pragmatic and effective negotiators and proactive, cost-conscious case managers.
Our specialist services include:
- Personal injury claims
- Product and public liability
- Employer’s liability
- Medical negligence claims
- Catastrophic injury claims
- Professional negligence - medical, legal and veterinary
- Property disputes
- Commercial Court claims
- Commercial arbitration and mediation
- Corporate criminal offences
- Administrative law, including judicial review
- Tribunals of inquiry
- Medical Council matters
- Dental Council matters
- Alternative dispute resolution, including arbitration and mediation
- Professional indemnity
- Health and safety issues
- Risk management issues
- Solicitors to the State Claims Agency’s Clinical Indemnity Scheme since its inception, defending high value and complex claims taken by patients against the HSE, the Department of Health and public and voluntary hospitals as well as looking after the interests of clinicians, nurses and hospitals at coroners' inquests.
- More than 60 years’ experience of acting for and advising the Medical Protection Society, a key indemnifier of doctors in Ireland. We defend clinical negligence claims in the Circuit Court, High Court and Supreme Court acting on behalf of consultants and general practitioners.
- Protecting the interests of doctors at coroners' inquests and at fitness to practise inquiries before the Medical Council.
- Acting for Dental Protection, a key indemnifier of dentists in Ireland, defending clinical negligence claims. We also look after dentists during fitness to practise inquiries by the Dental Council.
- Involved in the vast majority of the benchmark legal cases and challenges in healthcare in Ireland, particularly in major cases on consent and complex high value cerebral palsy/catastrophic injury claims.
- Leading the way in developing pre-action protocols and developing innovative ideas geared towards early stage and cost-effective resolution.
- Acting for the Veterinary Defence Society, an indemnity provider, we deal with clinical negligence claims in the Circuit Court, High Court and Supreme Court acting on behalf of veterinarians, as well as looking after their fitness to practise inquiries before the Veterinary Council.
- Representing clients in sensitive complex and contentious arbitrations of disputes between them and indemnifiers.
What clients say: Insurance
‘The team is always available and provides practical advice relevant to the client’s specific sector.’
"Each member of the team provides excellent support and advice. Their response times are always excellent."
‘I would work most closely with David Phelan. I have been working with legal firms both in Ireland and abroad for over 30 years. I can say without hesitation, David is the very best that I have worked with in that time. He deals with a wide range of issues across a number of different spectrums all with the same poise and composure. He makes everyone on calls feel like he has nothing else on, only the work that he is working with you on. Clearly we know that this is not the case. He has built a level of trust with me and a number of teams that we work with that allows all of us to have the peace of mind that David is on it. All of that and he’s just a very nice human being.’
‘David Phelan – Very knowledgeable and reliable partner who leads from the front, always available for a consolidation and will get back to you!
"Joseph O'Malley is very responsive, commercial and technical."
‘Robbie Slattery is one of the best solicitors in the country.'
‘David Phelan is an expert in this field and is responsive, wise, pragmatic, an excellent communicator and knowledgeable of the media landscape and of his clients’ needs.
‘David Phelan stands out in contractual and media matters. He has a very solid judgement and a calm approach to problematic situations.’
‘Robbie Slattery is clever, reliable, good-humoured and organised. He has excellent interpersonal skills and is likeable whilst doing a great job.’
‘Joe O’Malley brings with him an enormous wealth of experience across the whole spectrum of commercial litigation.’