The High Court has refused all relief sought by a woman challenging the legal basis of Ireland’s Personal Injury Guidelines and the Personal Injuries Assessment Board’s use of them to assess her claim at €3,000.
The woman fell on a public footpath at Pinewood Estate, Dungarvan, on 12 April 2019. She said an uneven surface caused the fall. Her injuries included a grazed knee and a fracture to the tip of her right ankle bone. Her surgeon expected swelling to continue for six to nine months but said there would be no significant long-term effects apart from that swelling.
She had been advised that the former Book of Quantum indicated general damages of €18,000 to €34,000 for her injuries. PIAB assessed the claim at €3,000 under the Personal Injury Guidelines, which replaced the Book of Quantum. The assessment assumed the respondent was fully liable; the judgment does not determine liability for the fall.
In judicial review proceedings, the applicant argued that the guidelines were unlawfully delegated legislation, interfered with judicial independence and retrospectively deprived her of rights. She also challenged their effect on her constitutional rights and argued that PIAB should have used the Book of Quantum because she applied for an assessment in June 2019.
Justice Charles Meenan found that section 90 of the Judicial Council Act 2019 set out sufficient principles and policies for preparing the guidelines. He rejected the challenges concerning the Judicial Council and the State, finding that the committee had followed the statutory criteria. The Act allowed courts to depart from the guidelines if they gave reasons, he said; those reasons must be rational, cogent and justifiable. He also held that the applicant had no right to a particular damages figure under the former Book of Quantum.
The judge distinguished the date the applicant applied to PIAB from the date her claim was assessed. PIAB had sought her X-rays from December 2020, but they were not provided until April 2021. After receiving them, PIAB obtained an addendum to its medical report and assessed the claim on 13 May 2021. The guidelines came into effect for assessments on 24 April 2021. The court held PIAB was required to apply them and had acted lawfully. It also rejected complaints that PIAB should have invited submissions on departing from the guidelines or notified her when they would take effect.
The court refused the reliefs sought. It directed that the case be listed for mention on 30 June 2022 regarding costs; written submissions, if sought, were to be filed by 24 June. The judgment did not decide costs.