Courts / Waterford / Report
Test challenge to new Personal Injury guidelines opens
Summary
An appeal by Ms Bridget Delaney of Dungarvan, Co Waterford, has been lodged before the High Court to challenge new personal injury guidelines introduced in April 2022. The case, heard by Mr Justice Charles Meenan, seeks to set aside the guidelines adopted by the judicial council in March 2021, arguing they unfairly reduce awards by 40% and are unconstitutional. Ms Delaney claims the Personal Injuries Assessment Board (PIAB) delayed her assessment until the guidelines were in force, breached fair procedures, and acted outside its powers. She alleges a fractured ankle from a fall on a public footpath in April 2019, sustained while Waterford City and Council were negligent, and that the PIAB's €3,000 award is insufficient. The action requests quashing of the PIAB assessment, declaration of unlawful guideline adoption, and other declarations, while the State and PIAB seek dismissal. The hearing is ongoing.
Who, what, where, when and why
What: Report matter: Test challenge to new Personal Injury guidelines opens. Procedural stage: trial
When:
- March 2021 Other
- March 6th Other
- April 12, 2019 Other
- June 2019 Other
- May 2021 Other
- 2022-03-30 Publication
Case subjects
Defendant
Places mentioned
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