Courts / Meath / Report
Constitutional challenge to Judicial Council
Summary
Mr Kevin Thompson, a company director from Donaghpatrick, Navan, Co Meath, launched a constitutional challenge against the Judicial Council and the 2019 Judicial Council Act. The matter was briefly mentioned before Mr Justice Charles Meenan on Friday, who adjourned the case to a date in January when other proceedings arising from the adoption of new personal injuries guidelines are due to be mentioned. Mr Thompson claims his 2018 road traffic accident injuries were deliberately held up by the Personal Injuries Assessment Board (PIAB) until new guidelines were introduced. He alleges that the Judicial Council's March 2021 vote to adopt these guidelines, which reduce awards, breaches the separation of powers and judicial independence. He seeks declarations that sections of the 2019 Act are incompatible with the Constitution, specifically Article 15.2.1, arguing that assigning judges a legislative role in formulating guidelines is unconstitutional. The State defendants, including the Minister for Justice and Equality, deny the claims, asserting the Act enjoys a presumption of constitutionality. They argue the guidelines promote consistency, transparency, and cost control, and contend the action is premature as Mr Thompson's claim outcome is unknown. Mr Thompson is represented by John Roger SC, Miriam Reilly SC, Frank Callanan SC, Conor Duff BL, and Blaithin Gallagher BL. The State is represented by Eoin McCullough SC, Catherine Donnelly SC, and Francis Kiernan BL.
Who, what, where, when and why
What: Report matter: Constitutional challenge to Judicial Council. Procedural stage: hearing_or_decision
When:
- March 2021 Other
- 2021-12-10 Publication
Case subjects
Applicant
Outcome: The matter was briefly mentioned before Mr Justice Charles Meenan on Friday, who adjourned the case to a date in January when other proceedings brought arising out of the adoption of the new personal injuries guidelines are due to be mentioned.
Applicant
Outcome: The matter was briefly mentioned before Mr Justice Charles Meenan on Friday, who adjourned the case to a date in January when other proceedings brought arising out of the adoption of the new personal injuries guidelines are due to be mentioned.
Places mentioned
- State. The High Court
- High Court
Topics
Road Traffic Stage Hearing Or Decision
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