Courts / Waterford / Report

Supreme Court challenge to personal injury guidelines opens

Summary

An appeal against the High Court's dismissal of a test challenge to the 2021 personal injury guidelines has opened before the Supreme Court. The case involves Bridget Delaney of Dungarvan, who claims her 2019 ankle fracture was caused by negligence of Waterford City and Council and that the Personal Injuries Assessment Board (PIAB) delayed assessment until the new guidelines were introduced, breaching fair procedures. Delaney argues the guidelines, adopted by a Judicial Council vote in March 2021, unfairly reduce awards by up to 40% and violate her constitutional rights. She seeks to quash PIAB's assessment and the Council's decision, and to declare that PIAB breached her rights to natural and constitutional justice. The Supreme Court panel, comprising seven judges, has accepted the appeal, noting the exceptional public importance of the issues, and will consider the constitutional implications of judicial independence and the separation of powers. The hearing continues.

Who, what, where, when and why

What: Report matter: Supreme Court challenge to personal injury guidelines opens. Procedural stage: appeal

When:

• March 2021 Other
• April 12, 2019 Other
• June 2019 Other
• 2023-02-28 Publication

Case subjects

Places mentioned

Topics

Stage Appeal

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Read the original CNI report