In a recent pivotal judgement, the Supreme Court determined that reductions in awards for mainly minor personal injury claims, approved by judges, are legally effective and must be abided by. This ruling, passed by a 5-2 majority, means that any deviation from the guidelines can only happen if the damages don’t fall proportionately within the scope of these guidelines, the court stated.
The Judicial Council’s power to establish these guidelines, though conferred by section 7.2.g of the Judicial Council Act 2019, was deemed unconstitutional in a 4-3 decision, citing it as an infringement upon judicial independence. Nevertheless, all but one of the seven judges agreed that the guidelines were independently confirmed by the Oireachtas, receiving legal status under another Act that took effect in April 2021.
Bridget Delaney’s claim, asserting her entitlement to have her damage application evaluated either by the Personal Injuries Assessment Board or a court based on former personal injury guidelines, was rejected by a 4-3 majority. The court further indicated that due to the importance of this case and its outcome, it is ready to cover Ms Delaney’s full legal expenses in both the Supreme Court and the High Court.
This verdict holds substantial repercussions for future damage evaluations for personal injuries. Judges who approved the legal effectiveness of the guidelines included Justices Peter Charleton, Brian Murray, Maurice Collins, Mary Faherty, and Robert Haughton. The dissenting opinions were voiced by Justice Gerard Hogan and Justice Máire Whelan.
Ms Delaney, a resident of Co Waterford, lodged her challenge post the €3,000 assessment of her ankle injury damages, contrary to the former guidelines’ €34,000 estimate. She instituted a personal injury lawsuit against Waterford City and County Council, alleging negligence causing her to trip and fall on a footpath in Dungarvan, which led to a fractured ankle bone, requiring medical and physiotherapy treatments. Her initial claim was submitted to the Personal Injuries Assessment Board (PIAB) in June 2019, which assessed the claim at €3,000 based on the newly implemented guidelines in May 2021.
During her litigation in the High Court, Ms Delaney disputed that the evaluation of her claim should have been directed under the predecessor of the guidelines, the book of quantum, valuing between €18,000 and €34,000. She accused the PIAB of operating beyond its granted authority and infringing on her rights by evaluating her claim under the guidelines, and also alleged a similar overreach by the Judicial Council in its endorsement of the guidelines.
Despite the High Court dismissing her case, she secured a leapfrog appeal to the Supreme Court, a direct progression based on the significance of the matters raised. As some Supreme Court judges also occupy roles within the Judicial Council, a combination of four Supreme Court judges and three Court of Appeal judges took on the case.
Although the court deferred their decision in March 2023, a surprising turn of events occurred in the subsequent month when the court requested written clarifications from all parties involved on a singular legal issue. This matter was concerned with the effect, if any, of laws passed by the Oireachtas post the approval of the guidelines by a majority of the judiciary in March 2021. The recently enacted legislation proposed amendments to the Judicial Council Act 2019 and the Personal Injuries Assessment Board Act 2003, intending to improve the functioning of the guidelines.