The Minister for Justice, Helen McEntee TD, has this morning welcomed the commencement of the Personal Injuries Guidelines, which come into effect today, Saturday 24 April, after the Minister signed the relevant Commencement Orders on Thursday, 15th April (photos attached).
The Guidelines set out the level of damages that may be awarded or assessed in respect of personal injuries.
Welcoming the commencement, Minister McEntee said,
“These new guidelines take into account both the urgency in tackling high insurance costs and fairness for those who have suffered injury as well as those who are required to defend a claim.
“I hope the new Guidelines will have an impact on the award of damages in personal injuries cases and that the insurance companies will follow through and bring down the cost of insurance, which is important for individual consumers, businesses and community groups across the country.
“We will closely monitor the implementation and impact of the Guidelines, in order to ensure they are having the desired effect.”
The Guidelines reduce award levels for most categories of personal injury, and will be used by both the Personal Injuries Assessment Board (PIAB) and the courts to assess compensation in such claims.
They apply to applications already made to the Personal Injuries Assessment Board (PIAB), except where an assessment has already been commenced.
The Book of Quantum will continue to apply where Personal Injuries Assessment Board assessments have been made or where a hearing is already before the courts.
Bringing these Guidelines into operation is a key action in Minister McEntee’s Justice Plan 2021 and delivers on the Programme for Government commitment to recognise the work of the Judicial Council in providing guidance on personal injury claims.
Under the Action Plan on Insurance Reform, the Department of Justice will report on the implementation and early impact of the Personal Injuries Guidelines by December 2021 and examine any relevant policy response.
ENDS…/
Notes for editors
Under the Judicial Council Act, the Personal Injuries Guidelines Committee (PIGC) of the Judicial Council is required to submit guidelines on damages in respect of personal injuries to the Judicial Council for adoption and publication.
The Judicial Council adopted the Personal Injuries Guidelines on Saturday 6 March.
On 9 March, Cabinet approved to amend the Judicial Council Act 2019 and the Personal Injuries Assessment Board Act 2003 to bring the new Personal Injuries Guidelines into effect
The amendments to the Judicial Council Act 2019 and the Personal Injuries Assessment Board Act 2003 determine the precise manner in which the new guidelines will 'take over' from the Book of Quantum. The amendments have been brought forward through the Family Leave and Miscellaneous Provisions Act 2021 to ensure the Guidelines can take legal effect as soon as possible.
Part 9 of the Family Leave and Miscellaneous Provisions Act 2021 (No. 4 of 2021) deals with amendments to the Judicial Council Act 2019 and the Personal Injuries Assessment Board Act 2003 to make provision in relation to the operation of personal injuries guidelines adopted by the Judicial Council.
Sections 98 and 99 of the Judicial Council Act 2019 allow the new Guidelines to take effect:
- Section 98 provides for the removal from the functions of the Personal Injuries Assessment Board of the function of preparing and publishing the Book of Quantum.
- Section 99 provides that the court should have regard to the Personal Injuries Guidelines, and where the court departs from the new Guidelines, it must state the reasons in giving its decision.