Challenge to new personal injuries guidelines dismissed

coylemj

This case is described by RTE as the 'lead case' of it's type so it's significant that it has been thrown out.....

The High Court has dismissed the challenge of a Co Waterford woman to the constitutionality of new guidelines reducing damages for minor personal injuries.

Her action was the lead case in a number of challenges to the guidelines.

https://www.rte.ie/news/courts/2022/0602/1302642-bridget-delaney-court/

Here's a report of the original hearing back in March. Judgement was reserved and handed down today.

https://www.irishtimes.com/news/ireland/irish-news/legal-challenge-to-guidelines-on-personal-injury-awards-opens-1.4839984

NUTLEY BOY

Locate judgment on this page https://www.courts.ie/judgments

Delaney -v- PIAB & Ors

Presumably, this will go directly to the Supreme Court.

Eggs For Dinner

Vested interests will almost certainly see this going to appeal

coylemj

A piece in the report of the original hearing caught my eye (link at the foot of post #1). Ms Delaney was the plaintiff, she injured her ankle in a fall and objected to the new (lower) guidelines.

Ms Delaney's core claims include that the requirement in the 2019 Judicial Council Act for the judiciary to vote on the guidelines amounts to judge-made law in breach of the separation of powers.

What was she asking for? If the scale of awards are 'judge-made' laws which breach the separation of powers, is she saying that Danny Healy-Rae and Mattie McGrath should should set the level of damages and not judges? If you don't get irony, substitute 'the Oireachtas' for those two lads.

is_that_so

https://www.boards.ie/discussion/comment/119149142#Comment_119149142

Based on the judge's comments it's hard to see what grounds it might succeed on but useful for it to be reviewed, once and for all.