Courts / Waterford / Report
Historic decision sees Supreme Court uphold personal injury award guidelines
Summary
In a 2024 Supreme Court ruling, the court declared a section of the 2019 Judicial Council Act that allows judges to set personal injury award guidelines unconstitutional, citing conflict with judicial independence. However, the court held that the guidelines adopted in 2021 were independently ratified by the Oireachtas under the 2021 Family Leave and Miscellaneous Provisions Act and therefore remain legally enforceable. The decision dismissed most of Bridget Delaney's appeal against the High Court's rejection of her judicial review, while granting her a declaration that the contested Act section is unconstitutional. The court also affirmed that the Personal Injuries Assessment Board (PIAB) acted lawfully in applying the 2021 guidelines to Delaney's claim. Delaney's legal costs were to be paid by Ireland and the Attorney General, with PIAB covering its own costs. The ruling clarified that any future changes to the guidelines would require new legislation by the Oireachtas.
Who, what, where, when and why
What: Report matter: Historic decision sees Supreme Court uphold personal injury award guidelines. Procedural stage: hearing_or_decision
When:
- March 2021 Hearing Or Sentence
- April 12, 2019 Other
- June 2019 Other
- 2024-04-09 Publication
Places mentioned
- Supreme Court
- High Court
Topics
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