Introduction

 

Following on from our previous briefing, the Supreme Court on 9th April 2024 delivered its much-anticipated decision in Delaney v PIAB, The Judicial Council of Ireland and The Attorney General. The ruling confirms that the Personal Injuries Guidelines remain valid and legally binding, even though part of the Judicial Council Act 2019 was struck down.

This judgment provides certainty for the future of personal injury compensation in Ireland and clarifies the ongoing role of PIAB.

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Landmark decision on case ‘of systemic importance’

 

The Court ruled that Brigid Delaney had lost her appeal. The Judicial Council-approved guidelines — which significantly reduced awards for minor injuries — remain binding, and any changes to them must now come through legislation.

A seven-judge panel delivered five separate judgments, with two further judges concurring.

Presiding, Mr Justice Peter Charleton emphasised that the case would affect thousands of future personal-injury claims and “multiples of that” into the future. He described the matter as being “of systemic importance.”

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Background to the Case

 

• On 12 April 2019, Mrs Delaney fell on a footpath in Dungarvan, suffering a minor ankle fracture.

• Under the Book of Quantum, her damages were estimated at €18,000–€34,000.

• PIAB instead applied the new Personal Injuries Guidelines, awarding €3,000.

• She challenged this in the High Court, arguing that the Guidelines were unconstitutional.

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Issues Raised

 

The applicant claimed that:

1. Section 7(2)(g) of the Judicial Council Act 2019 was an impermissible delegation of legislative power.

2. The Act infringed judicial independence under Article 35.2.

3. The Guidelines were applied retrospectively, depriving her of vested rights.

4. Reduced awards infringed her rights to property, bodily integrity, and equality.

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High Court Decision

 

Mr Justice Charles Meenan rejected the challenge, holding that:

• Section 90 of the 2019 Act set out adequate principles and policies.

• The Judicial Council properly followed these when drafting the Guidelines.

• Courts retained discretion to depart from the Guidelines, preserving independence.

• PIAB acted lawfully under the PIAB Act 2003.

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Supreme Court Decision

 

The Supreme Court took a narrower approach:

• By a 5–2 majority, it held that Section 7(2)(g) of the 2019 Act was unconstitutional as an impermissible delegation of legislative power.

• However, this flaw was cured by the Family Leave and Miscellaneous Provisions Act 2021, which formally enacted the Guidelines into law.

• As a result, the Guidelines survived the challenge and remain binding.

• PIAB’s award of €3,000 was therefore lawful.

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Practical Consequences

 

• Binding effect: The Guidelines are legally binding, with departures allowed only in exceptional circumstances where no reasonable proportion exists.

• Legislation required: Any future changes must be passed by the Oireachtas.

• Reviews: A statutory review every three years is required, though amendments may now be delayed.

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Conclusion

 

The Delaney v PIAB Supreme Court decision confirms that the Personal Injuries Guidelines remain the law in Ireland. Despite striking down part of the Judicial Council Act 2019, the Supreme Court has provided certainty to claimants, defendants, insurers, and practitioners that the Guidelines will continue to govern the assessment of general damages.

Introduction

 

The forthcoming Supreme Court ruling in Delaney v PIAB, The Judicial Council of Ireland and The Attorney General is one of the most closely watched personal injury cases in Ireland. The decision, expected on 9th April, could have far-reaching implications for the Personal Injuries Guidelines, the role of PIAB, and how courts assess general damages in compensation claims.

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Background to the Delaney Case

 

On 12th April 2019, Mrs Delaney suffered a fall on a public footpath, grazing her knee and sustaining a minor ankle fracture (an undisplaced fracture of the right lateral malleolus).

• She submitted her claim to PIAB, naming Waterford City and County Council as the respondent.
• Under the Book of Quantum, she was advised that general damages would likely fall between €18,000 and €34,000.
• However, PIAB assessed her damages at just €3,000, applying the new Personal Injuries Guidelines introduced in 2021.

This stark difference in award values led Mrs Delaney to initiate Judicial Review proceedings, arguing that PIAB had acted unlawfully by applying the Guidelines instead of the Book of Quantum.

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Grounds of the Judicial Review

 

The applicant challenged the validity of the Guidelines on four main constitutional grounds:

1. Unconstitutional Delegation of Power – The Judicial Council Act 2019 allegedly failed to provide sufficient “principles and policies” for drafting the Guidelines, contrary to Article 15.2.1 of the Constitution.
2. Judicial Independence – It was argued that the Act infringed Article 35.2, which guarantees the independence of the judiciary.
3. Retrospective Application – The Guidelines were applied retrospectively, allegedly depriving the applicant of vested rights.
4. Disproportionality & Property Rights – The significantly lower awards were said to be irrational, disproportionate, and an infringement of constitutional rights to property, bodily integrity and equality.

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High Court Decision by Mr Justice Meenan

 

The High Court dismissed the applicant’s challenge, finding that:

• The awarding of general damages must reflect not only the interests of plaintiffs and defendants but also broader economic and social policy considerations.
• Section 90 of the Judicial Council Act 2019 clearly set out the necessary “principles and policies”.
• The Judicial Council Committee had properly applied those principles in drafting the Guidelines.
• Some categories of injury saw increased damages, showing the Guidelines were not simply about reducing awards.
• The Committee was entitled to benchmark against awards in other jurisdictions.
• As courts retain the power to depart from the Guidelines, judicial independence was not undermined.
• Constitutional rights do not guarantee a plaintiff a fixed sum of damages, only a fair assessment under law.
• PIAB acted lawfully under the PIAB Act 2003 (as amended) in making its assessment.

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Why This Case Matters to Insurance Defence Lawyers in Ireland

 

The Supreme Court’s forthcoming judgment will be pivotal for:

• Personal Injury Claimants – Clarifying whether awards under the Guidelines can be constitutionally sustained.
• PIAB Assessments – Confirming whether PIAB was correct to apply the Guidelines instead of the Book of Quantum.
• Irish Personal Injury Law – Determining the balance between fair compensation, judicial independence, and the State’s interest in controlling damages levels.

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Conclusion

 

The Delaney case has become a landmark test for the Personal Injuries Guidelines in Ireland. The Supreme Court’s ruling will provide crucial clarity for solicitors, insurers, claimants, and defendants alike. Whether the Guidelines stand or are struck down, this decision will shape the future of personal injury compensation in Ireland.