Courts / Waterford / Report

Challenge to new Personal Injury guidelines

Date
2021-07-12

Stage
Trial

Primary locality
Waterford

Summary

Ms Bridget Delaney, aged 25, fell on a public footpath in Dungarvan on 12 April 2019, fracturing a bone in her right ankle. She received medical treatment, physiotherapy and a walker boot for about four weeks. Ms Delaney sued Waterford City and County Council, claiming negligence. In June 2019 she filed a claim with the Personal Injuries Assessment Board (PIAB). PIAB assessed her entitlement to €3,000 in general damages, citing new personal injury guidelines that came into force in April 2020. Ms Delaney rejected the assessment, arguing it was insufficient, delayed, and breached fair procedures. She alleges PIAB acted outside its powers and that the Judicial Council's adoption of the guidelines violated her constitutional rights. In March 2021 the Judicial Council voted to adopt the new guidelines.

Who, what, where, when and why

What: Report matter: Challenge to new Personal Injury guidelines. Procedural stage: trial

When:

April 12, 2019 Other
June 2019 Other
March 2021 Other
March 6th Other
2021-07-12 Publication

Why: The assessment, she claims, was delayed because PIAB was awaiting the adoption of new Personal Injuries Guidelines which came into force last April. CNI source report