Courts / Waterford / Report
Judge who voted on PI guidelines should not hear test case, challenger argues
Summary
In a High Court preliminary hearing, Mr Justice Charles Meenan is asked to decide whether a judge who voted in March 2021 to adopt new personal injury guidelines should recuse themselves from hearing a case brought by Ms Bridget Delaney of Co Waterford. Ms Delaney, represented by Feichin McDonagh SC and Dermott Cahill SC, seeks a judge who did not take part in the vote to hear her case, arguing a perception of bias. The State, represented by Eoin McCullough SC, argues that all judges appointed after the vote are members of the Judicial Council, and that no division of the Supreme Court or Court of Appeal could hear an appeal on the matter. The Judicial Council has taken a neutral stance. Mr Justice Meenan has reserved judgment and will issue a written ruling soon, with other preliminary matters to be addressed next week.
Who, what, where, when and why
What: Report matter: Judge who voted on PI guidelines should not hear test case, challenger argues. Procedural stage: appeal
When:
- March 2021 Other
- April 12, 2019 Other
- June 2019 Other
- 2022-02-09 Publication
Why: She also claims her assessment was delayed because PIAB was allegedly awaiting the coming into force of the new Personal Injuries Guidelines and the assessment of her claim was wrongly made under the new guidelines. CNI source report
Case subjects
Applicant
Places mentioned
- The High Court
- High Court
- Supreme Court
- Court of Appeal
Topics
Related court reports
- Mentally ill man who put fellow psychiatric patient in chokehold to be immediately released into care of UK parents
- Former Christian Brothers accused of breach of duty to be named in national newspaper
- Murderer claims reference to Conor McGregor brought 'toxic masculinity' baggage
- Combined 15-year sentence for violent rape and abuse is upheld
- High Court to consider publishing names of 340 former Christian Brothers
- Disability charity boss wins record €323k for 'egregious' whistleblower penalisation
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request