Courts / Waterford / Report
Judge who participated in vote on new PI guidelines can hear lead challenge, High Court rules
Summary
In a 2022 High Court decision, Mr Justice Charles Meenan ruled that a judge's participation in the 2021 Judicial Council vote on new personal injury guidelines does not bar them from hearing the lead challenge to those guidelines. The case, brought by Ms Bridget Delaney of Co Waterford, seeks to quash the Personal Injuries Assessment Board's (PIAB) assessment of her claim and the Council's adoption of the guidelines. Ms Delaney alleges her €3,000 award was insufficient and that the guidelines were adopted in a manner that infringed her constitutional rights. The judge dismissed the motion to recuse, stating that voting on the guidelines does not interfere with a judge's duty to be fair and impartial. The decision affirms that judges, like all citizens, must follow the law and that the Council's actions were within constitutional bounds. The case remains a test challenge against the State and PIAB.
Who, what, where, when and why
What: Report matter: Judge who participated in vote on new PI guidelines can hear lead challenge, High Court rules. Procedural stage: trial
When:
- March 2021 Hearing Or Sentence
- April 12, 2019 Other
- 2022-02-17 Publication
Why: She also claims her assessment was delayed because PIAB was awaiting the coming into force of the new guidelines and that the assessment of her claim was wrongly made under these new guidelines. CNI source report
Case subjects
Applicant
Places mentioned
- High Court
Topics
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