Judges entitled to depart from personal injury guideline valuations, Supreme Court hears

Submissions heard in Waterford woman's appeal against personal injury award guidelines
Judges entitled to depart from personal injury guideline valuations, Supreme Court hears

In her personal injuries action, Bridget Delaney  submitted an application to the Personal Injuries Assessment Board in June 2019, which used the guidelines to assess her claim in May 2021 at €3,000. Ms Delaney argued her claim should have been assessed under the guidelines’ predecessor, the book of quantum, as between €18,000 and €34,000.

Judges can depart from the guidelines slashing damages for many minor personal injuries if they feel the award does not do an injury justice, lawyers for the State have told the Supreme Court.

Eoin McCullough SC, for the State, fielded several questions on Wednesday from the seven-judge court positing hypothetical scenarios in which judges might be entitled to make a higher award than is set out in the guidelines.

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