Courts / Waterford / Report

Landmark judgement sees High Court dismiss test challenge to new personal injury guidelines

Summary

In a High Court decision on 3 June 2022, Mr Justice Charles Meenan dismissed a judicial review brought by Bridget Delaney of Dungarvan against the State and the Personal Injuries Assessment Board (PIAB). Delaney had challenged the 2021 adoption of new personal injury guidelines by the Judicial Council, arguing they were unconstitutional, breached her rights, and unfairly reduced awards by up to 40%. The judge rejected all of her claims, finding that the guidelines were made in accordance with the 2019 Judicial Council Act, that PIAB acted within its statutory powers, and that the guidelines did not infringe judicial independence. He noted that the guidelines were based on established legal principles and economic conditions, and that courts may depart from them only with rational, cogent reasons. The case will return for final orders on costs.

Who, what, where, when and why

What: Report matter: Landmark judgement sees High Court dismiss test challenge to new personal injury guidelines. Procedural stage: trial

When:

• March 2021 Other
• April 12, 2019 Hearing Or Sentence
• June 2019 Other
• May 2021 Other
• 2022-06-03 Publication

Case subjects

Places mentioned

Topics

Stage Trial

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Read the original CNI report