Case Overview

 

This case concerned an application by Garda Kampff for compensation following a soft tissue injury to his hand. Counsel for the applicant relied on the Book of Quantum, arguing that damages should be assessed at approximately €21,700, in line with the guideline for minor hand injuries.

However, the High Court rejected this argument, finding that the injury amounted to no more than “bruising to the hand” and awarding €5,000 in compensation.

---

High Court’s Approach to the Garda Compensation Claim

 

Although the Book of Quantum allows for minor hand injury awards up to €21,700, the Court emphasised that such a figure was disproportionate in the circumstances.

This ruling highlights two important issues:

1. Jurisdictional inefficiency – The award of €5,000 is well below the maximum €15,000 jurisdiction of the District Court. Yet, under the Garda Compensation Acts, the case had to be heard in the High Court, reflecting a need for reform in how such claims are processed.

2. Book of Quantum not binding – The High Court reiterated that under s.22 of the Civil Liability and Courts Act 2004, courts assessing personal injury claims must have regard to the Book of Quantum. However, applications under the Garda Compensation Acts are expressly excluded from this obligation (per Murphy v Minister for Public Expenditure and Reform [2015] IEHC 868). The Court may consider the Book of Quantum, but is not bound by it.

---

Principles Applied

 

In assessing damages, the Court stressed the importance of applying three core principles:

• Fairness – Awards must be fair to both the injured party and the compensator.

• Proportionality – Damages should reflect the seriousness of the injury within the overall structure of personal injury awards.

• Reasonableness & Social Conditions – Following Wirenski, courts must consider “social conditions” in the State, including the average earnings principle, when deciding appropriate levels of general damages.

Applying these principles, the Court concluded that €5,000 was an appropriate and proportionate award – equivalent to more than a month’s average salary in Ireland.

---

Key Takeaways

 

• Garda Compensation claims are not strictly governed by the Book of Quantum.

• Awards must be fair, proportionate, and reasonable, having regard to both the injured party and the public interest.

• The case highlights the inefficiency of High Court hearings for relatively minor injuries, reinforcing calls for reform of the Garda Compensation Acts.

• These guiding principles may also assist parties in settlement negotiations, potentially reducing the burden on already stretched court resources.