The Supreme Court is seeking further legal submissions on a landmark appeal about the constitutionality of guidelines slashing awards for mainly minor personal injuries.
The court reserved judgment on Bridget Delaney’s appeal almost a year ago but, in an unexpected move this week, has asked those involved, including the State and Judicial Council, to provide written submissions on a legal issue by next Tuesday.
The appeal has been listed the following day for follow-up oral submissions and it is expected the court’s long-awaited judgment will issue soon afterwards.
It is understood the issue on which the court wants submissions relates to the impact, if any, of a legislative amendment enacted following approval of the guidelines by a majority of the judiciary in March 2021.
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Ms Delaney’s appeal raises issues of importance to the constitutional structure of the State, particularly on the separation of powers between the judiciary and Oireachtas.
Ms Delaney took a personal injures action against Waterford City and County Council claiming that, due to the council’s negligence, she fractured her ankle bone after she tripped and fell on a public footpath in Dungarvan on April 12th, 2019. She required medical treatment and physiotherapy, and was given a walker boot for several weeks, she claimed.
After she submitted an application to the Personal Injuries Assessment Board (Piab) in June 2019, it used the guidelines, prepared by the Personal Injuries Guidelines Committee (Pigc) of the Judicial Council, to assess her claim in May 2021 at €3,000.
In 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.
She claimed the Piab acted outside its powers in assessing her claim under the guidelines and breached her rights to natural and constitutional justice. She further alleged the Judicial Council acted outside its powers in adopting the guidelines.
Her Supreme Court appeal over the High Court’s rejection of her case was heard in March 2023 by a seven-judge court, comprising four Supreme Court judges – Mr Justice Peter Charleton, Mr Justice Gerard Hogan, Mr Justice Brian Murray and Mr Justice Maurice Collins – and three Court of Appeal judges, Ms Justice Máire Whelan, Ms Justice Mary Faherty and Mr Justice Robert Haughton.
Separately, the Judicial Council confirmed on Wednesday that a review of the operation of the guidelines has been completed. Any recommendations to amend the guidelines must be reviewed by the board of the council.
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