Ireland Supreme Court to hear leapfrog appeal challenging personal injuries award guidelines
The Supreme Court agreed to hear a 'leapfrog' appeal from Bridget Delaney of Dungarvan, Co Waterford, challenging the 2021 personal injuries award guidelines adopted by the Judicial Council, after the High Court dismissed her test challenge in June 2022.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court1 Dec
2 reports - Verdict
- Sentenced
Key facts
consolidated from all reports21 statements extracted from the articles
- whatMrs Delaney fractured a bone in her right ankle after tripping and falling at a public footpath in Dungarvan on 12 April 2019 (rte.ie)
- whatShe required medical treatment, physiotherapy and was given a walker boot for several weeks (rte.ie)
- courtThe Supreme Court agreed to hear a leapfrog appeal direct from the High Court (rte.ie)
- courtThe panel comprised Mr Justice Peter Charleton, Mr Justice Gerard Hogan and Mr Justice Brian Murray (rte.ie)
- courtThe panel found the appeal raises questions relevant to the interpretation of delegated legislation regarding judicial independence and separation of powers (rte.ie)
- courtThe appeal is against a June 2022 judgment by Mr Justice Charles Meenan who rejected all grounds of the challenge (rte.ie)
- courtThe action was taken against the State and the Personal Injuries Assessment Board (rte.ie)
- courtMs Delaney's case focuses on a vote taken in March 2021 by the Judicial Council to adopt the new guidelines (rte.ie)
- courtMr Justice Meenan found PIAB had acted in accordance with the 2003 PIAB Act (rte.ie)
- courtThe judge said Ms Delaney's constitutional rights did not encompass a right to a particular sum of damages (rte.ie)
- courtThe judge said the 2019 Act made specific provision to preserve judicial independence (rte.ie)
- courtIn June 2019 she submitted a claim to PIAB seeking damages (rte.ie)
- courtThe Supreme Court will now case manage the appeal before fixing a date to hear the matter (rte.ie)
- courtThe Supreme Court panel comprises Mr Justice Peter Charleton, Mr Justice Gerard Hogan and Mr Justice Brian Murray. (irishtimes.com)
- courtThe High Court judgment dismissing the challenge was delivered in June 2022 by Mr Justice Charles Meenan. (irishtimes.com)
- courtMr Justice Meenan found that PIAB had acted in accordance with the 2003 PIAB Act when it assessed her claim. (irishtimes.com)
- otherThe 2021 guidelines have seen awards reduced by up to 40% (rte.ie)
- otherThe guidelines were drawn up by a committee of the Judicial Council before being approved following a ballot of all the State's judges (rte.ie)
- otherThe 2021 guidelines have seen personal injuries awards reduced by up to 40 per cent. (irishtimes.com)
- otherThe action is brought against the State and the Personal Injuries Assessment Board. (irishtimes.com)
- otherPIAB and the State reject Ms Delaney's claims. (irishtimes.com)
The reporting
newest first- 1 Dec2022Test challenge to personal injuries award guidelines to be heard by Supreme Court
The Supreme Court panel (Charleton, Hogan, Murray) agreed that exceptional circumstances warranted bypassing the Court of Appeal, citing issues of constitutional structure and judicial independence. The High Court judgment by Mr Justice Meenan in June 2022 had rejected all grounds of the challenge.
victim, Bridget Delaney, female, irish (judged from name)Bridget Delaney - 1 Dec2022Appeal over dismissal of test challenge against PIA
Provides the names of the Supreme Court panel (Charleton, Hogan, Murray), the specific constitutional issues identified (judicial independence, separation of powers, delegated legislation), and further detail on the High Court judgment by Mr Justice Meenan including his reasoning on the 2003 PIAB Act and the 2019 Act preserving judicial independence.
victim, Bridget Delaney, female, irish (judged from name)Bridget Delaney