Jurisdiction(s):
Ireland

Ireland: Supreme Court upholds Personal Injuries Guidelines but finds Judicial Council Act 2019 s 7(2)(g) unconstitutional; FLAMPA 2021 preserves effect; judges may depart, giving reasons

Published on: 15 April 2024

Published by a LexisNexis Ireland - Dispute Resolution expert

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Article summary

Delaney v PIAB [2024] IESC 10 What are the practical implications of this case?

This ruling is poised to be far-reaching, as numerous judicial review matters before the High Court involve plaintiffs advancing arguments akin to Ms Delaney’s on whether their valuations should follow the Guidelines or the Book of Quantum. Those claims stood in line behind Delaney, with the parties awaiting, with bated breath, the result and its influence on those actions.

Section 18(5) of the Judicial Council Act 2019 (Ireland) (JCA 2019 (IRL)) required the Judicial Council to revisit the Guidelines within three years of their adoption. Because of this judgment, that review is now likely to be deferred so that further legislation can be brought forward to change and/or adjust the Guidelines.

For personal injury litigation, the ruling has several concrete effects:

the judiciary may depart from the Guidelines, but they must explain the reasons for any such departure
in all cases where proceedings had not issued before and where a monetary assessment of damages had not been made by the Personal Injuries, namely where proceedings were yet to issue and no monetary damages assessment had yet been undertaken by the Personal Injuries at the relevant time...

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