Courts / Waterford / Report

Challenges to new personal injuries guidelines causing 'real difficulties', court told

Date
2021-12-08

Stage
Trial

Primary locality
Waterford

Summary

The High Court heard that several challenges to new personal injury guidelines are creating real difficulties in processing claims. The challenges, aimed at setting aside guidelines adopted by the judicial council in March 2021, are opposed by the State and the Personal Injuries Assessment Board (PIAB). The lead case, brought by Ms Bridget Delaney, was deemed the first to be heard. Eoin McCullough SC for the State argued that the challenges affect thousands of claims and called for an early trial date. Douglas Clarke SC for PIAB supported the State's request, while Feichin McDonagh SC for Ms Delaney said a date would be premature given outstanding pre‑trial matters. Justice Charles Meenan noted a mismatch between judges and workload, adjourned the cases to January, and directed an exchange of pleadings to expedite matters. Ms Delaney seeks to quash PIAB's assessment and the judicial council's adoption of the guidelines, alleging procedural and constitutional violations.

Who, what, where, when and why

What: Report matter: Challenges to new personal injuries guidelines causing 'real difficulties', court told. Procedural stage: trial

When:

March 2021 Hearing Or Sentence
March 6th Other
April 12, 2019 Other
June 2019 Other
2021-12-08 Publication

Why: Ms Delaney claims her assessment was delayed because PIAB was awaiting the coming into force of new Personal Injuries Guidelines and the assessment of her claim was wrongly made under the new guidelines. CNI source report