Personal injury report rules out legislative cap on damages

Personal injury report rules out legislative cap on damages

Mr Justice Nicholas Kearns

A new report from the Personal Injury Commission (PIC) chaired by retired judge Mr Justice Nicholas Kearns has ruled out a legislative cap on damages awards, the Sunday Business Post reports.

The Commission’s second report, due to be published next month, says that such a cap would amount to an unconstitutional intrusion on the functions of the judiciary.

However, it suggests that damages could be brought down by issuing new non-binding judicial guidelines through the forthcoming Judicial Council.

The PIC proposes that judges should work alongside the Personal Injuries Assessment Board (PIAB) on new guidelines, separate from the existing Book of Quantum.

If the report’s recommendations are taken up by Government, they will not be implemented until after the Judicial Council Bill is passed by the Oireachtas and put into practice.

A spokesperson for the Department of Justice said it was looking to enact the Judicial Council Bill by the end of 2018, “if at all feasible”.

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