The Supreme Court has called for additional legal submissions in a pivotal appeal regarding the constitutional legitimacy of guidelines which reduce awards primarily for minor personal injuries. Bridget Delaney’s appeal has been under examination by the court for almost a year. In an unanticipated development this week, written submissions on a legal matter have been requested from those involved, including the State and the Judicial Council, by the upcoming Tuesday.
The appeal hearing is scheduled for the following day where oral submissions will be given, with the court expected to deliver its long-awaited judgement soon after. The submissions requested by the court are believed to relate to the effects, if any, a legislative amendment has, which was enacted once the guidelines had been approved by a majority of judiciary members in March 2021.
The issues raised by Ms Delaney in her appeal hold constitutional significance, specifically in relation to the power dynamics between the judiciary and the Oireachtas. Ms Delaney lodged a personal injury claim against the Waterford City and County Council after she broke her ankle due to an alleged act of negligence by the council. She tripped and fell on a public pathway in Dungarvan on April 12th, 2019, subsequently requiring medical attention, physiotherapy, and needing to use a walker boot for several weeks.
After lodging an application with the Personal Injuries Assessment Board (Piab) in June 2019, her claim was evaluated in May 2021 at €3,000, using guidelines prepared by the Personal Injuries Guidelines Committee (Pigc) of the Judicial Council. Delaney contested this assessment in High Court, arguing that her claim should have been appraised using the predecessor to the guidelines, the book of quantum, at a sum between €18,000 and €34,000.
Her argument in court was that the Piab had overstepped its authority by assessing her claim through the guidelines, infringing upon her rights to natural and constitutional justice. She further argued that the Judicial Council had acted beyond its powers in embracing the guidelines.
The Supreme Court adjudicated over her appeal concerning the High Court’s dismissal of her claim in March 2023. The seven-member group included four Supreme Court justices — Mr Justice Peter Charleton, Mr Justice Gerard Hogan, Mr Justice Brian Murray, and Mr Justice Maurice Collins — and three from the Court of Appeal – Ms Justice Máire Whelan, Ms Justice Mary Faherty, and Mr Justice Robert Haughton.
In other news, an evaluation of the guidelines’ application has been concluded, as affirmed by the Judicial Council on Wednesday. Suggestions for updating the guidelines must first pass through scrutiny by the council’s board.
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