Courts / Waterford / Report

Date set for important preliminary issue in personal injury guidelines challenge

Date
2022-01-19

Stage
Trial

Primary locality
Waterford

Summary

The High Court has set a date for a preliminary hearing in the lead challenge against new personal injury guidelines. Mr Justice Charles Meenan determined that a fundamental issue must be resolved first: whether a judge who participated in the 2021 judicial council vote to adopt the guidelines should recuse themselves from hearing the case. This motion, brought by applicant Bridget Delaney, is scheduled for a two-day hearing starting February 9. Ms Delaney, represented by Feichin McDonagh SC, seeks the recusal of any judge who voted on the guidelines. The State, represented by Catherine Donnelly SC, opposes this motion and has raised concerns about the Delaney action serving as the lead case, suggesting a more advanced challenge should take precedence. However, the judge prioritized the recusal issue. All other preliminary issues in Ms Delaney's case and the other challenges were adjourned to February 16. Ms Delaney's judicial review proceedings against the Personal Injuries Assessment Board (PIAB), the Judicial Council, Ireland, and the Attorney General seek to quash PIAB's assessment of her claim and the Council's decision to adopt the guidelines. She alleges PIAB acted outside its powers and breached her rights to natural and constitutional justice. The claims are denied by the respondents.

Who, what, where, when and why

What: Report matter: Date set for important preliminary issue in personal injury guidelines challenge. Procedural stage: trial

When:

March 2021 Other
9th February Adjournment
February 16th Adjournment
April 12, 2019 Other
June 2019 Other
2022-01-19 Publication

Why: In order to save on court time and legal costs, the judge said that some or all of the core issues raised should be determined in that action. CNI source report