A seven-judge Supreme Court will give judgment on Tuesday on a landmark appeal concerning the constitutionality of judge-made guidelines slashing awards for mainly minor personal injuries.
The outcome of Bridget Delaney’s appeal will have significant implications concerning the future assessment of damages for personal injuries. At least 10 other cases raising issues concerning the validity of the guidelines have remained on hold pending the court’s decision.
Ms Delaney, who is from Co Waterford, initiated her challenge after damages for an ankle injury suffered by her were assessed at €3,000 under the guidelines when, she contends, it was worth up to €34,000 under earlier guidelines.
In a personal injuries action against Waterford City and County Council, Ms Delaney claimed, due to the council’s negligence, she fractured her ankle bone after tripping and falling on a public footpath in Dungarvan on April 12th, 2019. She required medical treatment and physiotherapy and used a walker boot for several weeks.
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After she submitted an application to the Personal Injuries Assessment Board (Piab) in June 2019, it used the guidelines, which came into operation in April 2021, to assess her claim in May 2021 at €3,000.
In her High Court proceedings, Ms Delaney argued her claim should have been assessed under the guidelines’ predecessor, the book of quantum, at between €18,000 and €34,000.
She claimed the Piab acted outside its powers and breached her rights in assessing her claim under the guidelines and the Judicial Council acted outside of its powers in adopting the guidelines.
After the High Court rejected her case, the Supreme Court agreed to hear a leapfrog appeal — one directly to that court from the High Court — due to the importance of the issues raised, including concerning the separation of powers between the Oireachtas and judiciary.
Because some Supreme Court judges hold positions with the Judicial Council, the appeal was heard by a court comprising four Supreme Court and three Court of Appeal judges.
The court reserved judgment in March 2023 but, in an unexpected development, asked the parties last month for written submissions on a specific legal issue relating to the impact, if any, of legislation enacted by the Oireachtas after the guidelines were approved by a majority of the judiciary in March 2021. The legislation provided for amendments to the Judicial Council Act 2019 and the Personal Injuries Assessment Board Act 2003 to make further provision concerning the operation of the guidelines.
Having considered those submissions, the court will give its judgment on Tuesday morning.
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