9th April, 2024
Judicial Guidelines used by Injuries Board and the Courts to work out the amounts of compensation payable to injured victims of accidents has been found to be legal .
In the case of Bridget Delaney v. the Personal Injuries Assessment Board & Others, the Supreme Court recently ruled by 4-3 that part of the Judicial Council Act 2019 relating to the making of the guidelines is unconstitutional as it undermines judicial independence. However, by 6-1, the Court also held that these guidelines had effectively been ratified by the Oireachtas through passing in to law of the Family Leave and Miscellaneous Provisions Act 2021. Thus the Judicial Guidelines were therefore binding in irish law.
An immediate effect of the decision is that future updates to the guidelines will require legislation to be passed in Parliament.
Government ministers Jennifer Carroll MacNeill and Dara Calleary said:
“We note the significant decision of the Supreme Court today in relation to the personal injuries guidelines.
The implementation of the guidelines formed a key part of the government’s insurance reform programme as per the action plan for insurance reform, alongside the strengthening of the Injuries Resolution Board and the rebalancing of the duty of care.
The judgment handed down by the Supreme Court will require some time to fully digest. Nonetheless, it is important that all stakeholders take stock of the judgment.
In particular, now that it is clear that the guidelines have been upheld, insurers have a responsibility to reflect this in their premiums. Separate to this, legal costs in relation to personal injuries claims need to be monitored.
Bringing stability to the personal injuries claims environment remains a priority for the government, and the judgment today provides welcome clarity in that regard.”
