Bridget Delaney loses High Court challenge to injury guidelines

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Bridget Delaney’s challenge to personal injury guidelines was dismissed by the High Court, in a ruling reported on 2 June 2022. Delaney, from Dungarvan, had challenged a €3,000 assessment for an ankle injury after a footpath fall in April 2019.

Justice Charles Meenan ruled that constitutional rights to property, bodily integrity and equality did not include a right to a particular damages sum. He said Delaney was entitled to have damages assessed under established legal principles, and that the level of damages could vary over time.

The judge also found that the Judicial Council committee followed the principles and policies set by the 2019 Act, took expert economic and legal advice, and could consider awards in other jurisdictions. He ruled that PIAB had acted in accordance with the relevant legislation when assessing Delaney’s claim.