Courts / Waterford / Report

Supreme Court finds injury awards case raises important issues on separation of powers

Date
2022-12-01

Stage
Appeal

Primary locality
Dungarvan

Summary

The Supreme Court has agreed to hear a leapfrog appeal in a test case brought by Bridget Delaney against the State and the Personal Injuries Assessment Board (PIAB). The panel, comprising Justices Charleton, Hogan, and Murray, determined that the matter raises issues of general importance regarding the separation of powers and judicial independence, warranting direct review from the High Court. The appeal challenges the High Court's June dismissal of Delaney's claims that the 2021 personal injuries guidelines are unconstitutional. Delaney alleges the guidelines, adopted by the Judicial Council, encroach on judicial independence and that PIAB breached her rights by assessing her claim under these new rules. She seeks orders quashing the PIAB assessment and the Council's decision, along with declarations that both bodies acted outside their powers. In the lower court, Mr Justice Meenan rejected all grounds, finding PIAB acted in accordance with the 2003 PIAB Act and that Delaney's constitutional rights did not guarantee a specific damages sum. The Supreme Court will now case manage the appeal before fixing a hearing date. The matter remains at the appeal stage and has not been concluded.

Who, what, where, when and why

What: Report matter: Supreme Court finds injury awards case raises important issues on separation of powers. Procedural stage: appeal

When:

March 2021 Other
April 12, 2019 Other
June 2019 Hearing Or Sentence
2022-12-01 Publication

Why: The panel added that because the issues raised are of importance to the constitutional structure of the State, it was appropriate that the appeal be sufficiently broad to ensure that a comprehensive analysis is possible. CNI source report