Appeal over constitutionality of guidelines has major implications for future handling of personal injury awards
The guidelines indirectly interfered with her rights to bodily integrity and to property as they involved an unjust attack on her right to sue and to an effective remedy, to have compensation assessed in accordance with the law of tort and the traditional administration of justice, he argued.The submissions were made in a packed Supreme Court on Tuesday at the opening of the appeal by Ms Delaney, from Dungarvan, Co Waterford, against the High Court’s dismissal of her challenge to the guidelines.
In his submissions, Mr McDonagh argued the committee was not entitled to prepare guidelines linking personal injury awards here to lower awards applying in England and Wales. When Mr Justice Gerard Hogan said nothing in the 2019 Act stops a court from disapplying the guidelines once it gives written reasons for doing so, Mr McDonagh said the effect of the guidelines is that they are reducing awards “across the board”, unless there are exceptional circumstances.
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