Woman not entitled to have her injury assessed under earlier guidelines, court rules in majority decision
The court also indicated, given its findings and the importance of the case, it is prepared to grant Bridget Delaney her full legal costs in the High Court and Supreme Court.
A majority of the court, four to three, ruled on Tuesday that section 7.2.g of the Judicial Council Act 2019 giving power to the Judicial Council to make guidelines in its present form is unconstitutional on the basis it infringes judicial independence. The court has also indicated, given its findings and the importance of the case, it is prepared to grant Ms Delaney her full legal costs in the High Court and Supreme Court.
From Co Waterford, Ms Delaney 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 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.
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