Supreme Court upholds personal injuries guidelines’ legal effect in Delaney appeal

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The Supreme Court ruled that personal injuries award guidelines remain legally binding, while declaring unconstitutional a provision of the 2019 Judicial Council Act that gave the Judicial Council power to make them. The court held that the guidelines were later ratified by the Oireachtas under the 2021 Family Leave and Miscellaneous Provisions Act, so they remain in force; further changes require legislation.

The decision came in Bridget Delaney’s appeal against the High Court’s rejection of her challenge to the guidelines and to PIAB’s assessment of her ankle injury claim at €3,000. The Supreme Court dismissed the appeal except for the declaration of unconstitutionality, and ruled that PIAB had acted lawfully in applying the guidelines to her assessment. Ireland and the Attorney General were ordered to pay Ms Delaney’s legal costs.