Judges dissent from proposed personal injury guidelines

Judges dissent from proposed personal injury guidelines

A number of senior judges have circulated memos critical of draft personal injury guidelines currently being considered by the Judicial Council, according to reports.

The memos have been seen by The Irish Times, which reports that they come from High Court judges and one Court of Appeal judge. One is a collective memo from a number of judges experienced in personal injury cases.

The Judicial Council met on Friday 5 February to consider the guidelines drawn up by a seven-judge committee, but adjourned for two weeks after failing to reach agreement.

Although the judges are still widely expected to approve the guidelines, the circulation of memos – none of which are in favour of the guidelines – suggest strong opposition, which could mean a further adjournment beyond the meeting this Saturday.

When approved, the new guidelines will effectively replace the Book of Quantum, which is currently drawn up by the Personal Injuries Assessment Board (PIAB). This forms part of the government’s plan to bring down insurance costs in Ireland.

Solicitor Stuart Gilhooly, the immediate past president of the Law Society of Ireland, is among lawyers who have expressed scepticism that this will have the desired outcome.

Speaking to Newstalk this morning, Mr Gilhooly said: “UK insurance premiums are in fact higher than they are here. This is the assumption that’s been made without any real challenge - that damages are the main driver of premiums. They are not.

“They are a factor, of course they are, but they’re only a small factor in driving premiums. And yes, if you reduce damages, you will reduce premiums by a small amount, but it will not be sufficient to justify the damage to our rights.”

However, he added: “Everyone fully expects that the damages will be reduced, and I have no doubt they will be drastically reduced when these guidelines come out. I have no doubt about that.”

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