Insurers are likely to welcome the news that the Northern Ireland Personal Injury Discount Rate is to be set at +0.5%. The rate that it replaces had been set at -1.5%. In contrast the rate is still lower than the rate in the Irish State which stands at +1.5%.
The Government Actuary Department announced the rate following its report on the 24thSeptember 2024. The rate in Scotland has been raised from -0.75% to +0.5%.
The Discount Rate is used to determine lump sum damages awards in serious and catastrophic injury claims, where awards are made for future losses. The lump sum payments are intended to provide people with full and fair financial compensation for all expected losses and costs caused by their injuries.
Where part of a claim for future losses is settled as a cash amount, the lump sum is calculated allowing for the period over which losses and costs are expected to be met and the assumed investment return that the individual is expected to earn on the award over time. Factors taken into consideration include, the investment period, allowance for tax and investment expenses, damages inflation assumption and a notional investment portfolio.
The raise in the Discount Rate was expected, following a recent sharp rise, after a lengthy period of historically low interest rates.
Thinking of making a claim for compensation for a personal injury in Northern Ireland? How much is your personal injury claim worth and how much compensation should you receive?
The answer is not straightforward and changes for each individual case. Injuries and accidents happen every day in Belfast. Whether the accident happened on the road, at work or somewhere else, if it was not your fault, you may be able to claim for compensation.
If you suffer an injury and someone else is to blame, then Lacey solicitors could help you obtain any compensation that you are entitled to. Our legal team takes an expert approach to personal injury and liability claims. Lacey Solicitors can give an estimate of how much we think your personal injury claim is worth depending on your injuries and circumstances.
What is My Personal Injury Claim Worth?
Assessing an injury claim is not an exact science. The level of compensation will depend upon several factors.
Factors which impact the worth of a personal injury claim include:
A person’s age and pre-accident health
The type and severity of injury sustained
Any long-term prognosis
The medical care provided to date and any future medical expenses
The impact on a person’s life and career
Whether your own actions contributed to any of the injuries sustained
More serious injuries will attract a higher level of damages with Catastrophic injury claims such as quadriplegia attracting awards from the court of up to £870,000.00.
What is my Severe Brain Injury Claim Worth?
Compensation for very severe Brain Injuries ranges from £500,000.00 to £850,000.00.
What is my Road Traffic Accident Claim Worth?
Road traffic accidents often result in minor neck injuries such as whiplash. For minor neck injuries where a recovery is made within 6 months the compensation should be up to £5000.00. Where recovery takes longer and full recovery is not until 24 months, compensation should be up to £17,500.00.
What is My Industrial Disease Claim Worth?
Our office deals with a number of Industrial Disease claims, where pleural plaques can achieve up to £22,000.00. Severe Asbestosis claims result in compensation of up to £125,000.00.
What else can I claim for?
As well as claiming compensation for the pain and suffering from your injuries, you can make a claim for specific financial losses also known as “special damages.”
Suppose you are injured in a road traffic accident where someone drives into the rear of your car.As well as your injuries, the car may require repairs carried out, you may have a hire car to keep you on the road, you may take time off work and may have lost earnings.
Special damages essentially make up your out-of-pocket expenses and their purpose is to compensate you for those additional costs caused, or reasonably expected to occur, as a result of the accident.
Some of the most common types of special damages include:
Damaged items
Loss of earnings both past and future.
Repairs to vehicles
Medical care both past and future.
Travel expenses
Rehabilitation costs.
Specialist equipment such as hearing aids or prosthetics.
For the initial steps to take to assist your legal team in making a claim for compensation consider our previous article.
What is the Average Payout for a minor back injury in Northern Ireland (UK)?
The average payout for a personal injury claim in Northern Ireland differs based upon the nature of your injuries.
For a minor back injury where a full recovery takes place without surgery within a period of more than 6 months and less than 24 months, the level of compensation should be up to £22,500.00.
What is the Average Payout for a Personal Injury Claim?
Since the nature of personal injuries differs greatly it is impossible to work out an average payout on a case-by-case basis.
How Much do you get for Whiplash in NI?
Whiplash injuries are neck injuries that occur when the neck is suddenly and forcefully moved back and forth, similar to the cracking of a whip. They are often experienced in rear-end car crashes but can be caused by other types of trauma such as falls and sports accidents.
For a minor back injury where there is a full recovery within a period of 6 to 12 months, the level of compensation should be up to £7500.00.
Get Legal Help for Your Compensation Claim
Lacey Solicitors are here to guide you through your claim for compensation after an accident or injury. Contact us today to discuss our services and how we can help you.
Those who suffer from a personal injury that was not their fault can bring a claim for compensation against those responsible. But what are the most common personal injury claims in Northern Ireland? Lacey Solicitors deal with all types of injury claim but this article focuses on the most common.
Whilst injuries and accidents occur often in life, a great number of these accidents are entirely avoidable. If you have had an accident in Northern Ireland that was preventable and not your fault, and you suffered an injury, then you could bring a claim for compensation. But what are the most common types of personal injury claims?
Whether you were involved in a rear end accident in Belfast or fell from a height while working in Ballymena, if the accident was not your fault, a solicitor can assist you in making a claim for compensation. These accidents often result in medical costs, travel costs, and loss of income and specialist personal injury solicitors can help you get the compensation you deserve.
Bringing a personal injury claim against the at fault party is best tackled with the help of a professional. Lacey Solicitors have 15 years of experience in handling claims through providing excellence in legal advice. Allow us to help you make a claim for compensation to recover your losses after an accident.
What are the Most Common Types of Personal Injury Claim?
There are several types of personal injury claims which take place in Northern Ireland every year. The most common concentration of claims take place in Belfast. Road traffic accidents make up the greatest number of compensation claims each year with around 7000 claims brought annually.
Second to road traffic accidents as the most common type of personal injury in NI comes workplace injuries. There are approaching 2,000 personal injury claims each year over accidents at work. Workplace injuries might include tripping, falling, injuries from using machinery, repetitive strain injuries, and other negligence claims.
What Types of Personal Injury can you Claim Compensation for?
Compensation can be awarded for any physical injury.
Some of the most common physical injuries seen by our office in Belfast are:
Repetitive Strain Injuries from office workers using the wrong PPE and equipment.
Back injuries from accidents or lifting incorrectly, improper training, or bad seating.
Slips, trips, falls, and falls from height are extremely common claims seen by this office where the circumstances range from uncleaned spills, uneven pavements and hazards blocking the way.
Soft tissue, muscular, and tendon injuries.
Hearing loss and tinnitus due to occupational noise levels.
Burns and scarring.
Whiplash injuries.
Serious injuries – including brain injury, spinal cord trauma, amputations, asbestos related illnesses, electrical injuries, or broken bones.
How Long Does a Personal Injury Claim Take in Northern Ireland?
We use our best endeavours to progress your matter as quickly and efficiently as possible.It is difficult at the beginning of a case to accurately forecast how long a legal matter will take to complete.
Often, our pace is dependent on the level of cooperation from all other parties involved.Most uncomplicated injury matters take around six to twelve months to complete.More complicated matters may take longer to reach settlement. The timescale involved will depend on how soon we obtain an admission of liability from the third party’s insurance company and how soon your medical evidence can be completed.
You will usually have three years from the date of knowledge of your injury to bring your claim for compensation as outlined by the Limitation Order here which governs time limits for making various claims.
Our advice is always to speak to a solicitor specialising in personal injury claims as soon as possible.
Professional Help for Personal Injury Claims in Northern Ireland
Lacey Solicitors are experienced in guiding people through the personal injury compensation claim process. Contact us today should you wish to discuss whether we can help you make a claim and recover your losses after an accident.
If you wish to give yourself the best chance at a successful personal injury claim after a trip, fall, traffic accident or pedestrian accident, then there are steps you ought to take immediately following the incident.
Whether you have been injured from a fall, an accident at work, a faulty appliance, or a road traffic accident that wasn’t your fault, you may be able to claim compensation. Often injuries are preventable and should have been addressed before the accident happened. Choosing a solicitor that has the skill and experience to act on your behalf is one of the most important steps.
Here are the other steps you can take to maximise your chances of a successful personal injury claim.
Had an Accident? Take These Steps to Protect Your Interests
You should start this sequence of events immediately following your accident or injury. The sooner you can start the process, the better the evidence you can gather.
1 – Ensure Your Own Safety
Your primary responsibility is to make yourself safe, then make any dependants safe. In the case of a pedestrian accident or road traffic accident this includes not rushing back into danger to help others.
Call 999 and get medical assistance. You can only start to help others when you are safe yourself.
2 – Seek Medical Treatment
If you were injured, concentrate on your recovery and becoming well again. Take the initial time to focus on what your own doctors advise you to do. If you do not require a hospital visit, speak to your GP for advice about your recovery.
3 – Report the Accident
Reporting the accident to the relevant authority is an important step in the process. If the accident happened at work, report it to your employer. If the accident happened in a road traffic collision, report it to the police.
4 – Speak to Witnesses
As soon as it is safe to do so, try to speak to anyone who witnessed your accident. Taking note of their contact details means you can later pass these details on to your personal injury solicitor. They will contact them for a statement, helping to form an accurate picture of how your accident went down.
All this acts as evidence for when your lawyer is dealing with the insurance companies responsible for your potential pay-out.
5 – Take Pictures
Creating a timeline of events is far easier if the insurer and your attorney have a visual aid which allows them to picture the event. Look for dash cam or CCTV footage. Take pictures of tyre marks on the road or damaged equipment caused by your accident.
6 – Seek Legal Advice
Before starting the claims process, you should research the best local firms in Belfast. You should look for a firm that specialises in Injury and Insurance claims. LAcey solicitors in Belfast have the skill and experience to act on your behalf.They will give you unprecedented guidance towards seeking compensation for your medical expenses, loss of income, and any future loss of earnings. They are also skilled in the complex laws regarding psychiatric injuries and medical negligence suits.
Lacey solicitors could be the legal representatives you need to make a successful personal injury claim in Belfast or Dublin. We are known for our accessibility and straightforward approach. We avoid complicated legal terms and, with solicitors specialising in a wide range of claims, contact us today to discuss your options.
Expert Legal Advice is Irreplaceable
One thing is certain: after an accident there is no substitute for expert legal advice. A personal injury lawyer will work with you to achieve the maximum possible compensation that you can claim… no matter how many of the steps above you manage to work through.
If you have been the victim of slipping on a wet floor, tripping on a hazardous object, or falling in a public place, then this could lead to major changes in your life… A legal professional could help you claim the compensation you deserve.
When slips, trips, or falls happen in Northern Ireland, and it was someone else’s fault, you may be able to make a claim for compensation. A personal injury solicitor will help you to make a claim, giving you the best chance at receiving optimal compensation. Often, your actions could prevent the same accident from happening to someone else.
Whether caused by hazards like uneven pavements, poor lighting, or wet surfaces, falling accidents happen all the time. Here at Lacey Solicitors we are often asked for guidance on how to claim for a slip, trip, or fall injury that was someone else’s fault.
Slips, Trips, and Falls in Belfast
TheHealth and Safety Executive for Northern Ireland notes slips and trips as the most commonly reported accident within the workplace. Altogether, this single branch of personal injuries in Belfast accounts for a full third of all major injuries at work. In 2023, as many as 10,000 Belfast workers suffered serious injuries caused by tripping and falling. Over 95% of those reported broken bones as a result.
What Injuries Can Slips, Trips, and Falls Cause?
Whether it is slipping on a spilled drink, tripping over a broken kerb or falling over an unmarked manhole, the result can be a variety of injuries and serious harm. In the past 12 months, our Belfast office has dealt with injuries involving:
Broken bones
Head injuries or significant brain trauma
Muscular injuries such as strains or sprains
Cuts, bruises and other lacerations
Last year, our personal injury solicitors dealt with a case in Belfast involving serious permanent facial disability and secured for him compensation for the pain and suffering, as well as reimbursement of his medical bills and lost income.
When Should You Make a Claim for your Slip, Trip, or Fall Claim in NI?
It is always best to contact a personal injury lawyer to discuss your claim as soon as possible after a slip, trip, or fall. There is a statute of limitations on when you can file a claim for compensation in Northern Ireland. There is a legal time limit during which you are allowed to make a claim.
What is the Statute of Limitations on Personal Injury Cases in NI?
The statute of limitations upon personal injury claims in Northern Ireland is 3 years. This means that you will need to file your claim for compensation after a trip, slip, or fall in Northern Ireland within three years of the date of your accident. Remember, for childhood personal injury claims you must file within 3 years of turning 18. Time limits can be extended in exceptional circumstances but it is always best to speak to a personal injury solicitor as soon as possible.
Professional Personal Injury Experts Will Enhance Your Case
To give yourself the best chance of receiving the maximum possible compensation you could be owed, legal representation is a must-have. Lacey Solicitors have a proven track record in providing expert legal guidance.. With our specialist knowledge of personal injury law there is no one to better represent you within the greater Northern Ireland area.
Are you passionate about practising law and ready to embark on your career in a new and innovative way? Our boutique insurance law firm is offering a unique opportunity to combine hands-on legal experience with a fully funded law degree through our prestigious Legal Apprenticeship Programme in conjunction with Ulster University.
As a legal apprentice at Lacey Solicitors, you will immerse yourself in a specialised environment where you will gain invaluable on-the-job experience, assisting and handling a diverse range of cases, all while pursuing your Law degree at Ulster University.
Lacey Solicitors offers specialist legal services to the insurance industry and prides itself on the exemplary, accessible service it provides. Our practice extends to both Northern Ireland and the Republic of Ireland, and all of our lawyers are dual-qualified in these jurisdictions. Our lawyers provide a specialist focus in a variety of different areas within insurance law ranging from motor liability, public liability, and employers’ liability claims to catastrophic injury and complex policy coverage disputes. Our lawyers are client-facing, problem-solving, forward-thinking individuals who pride themselves on working collaboratively with a view to providing stellar service to our valued clients. We recognise the importance of our junior lawyers and assist them in finding their passion for practice.
Why Choose Our Apprenticeship Programme? Our apprenticeship programme offers a unique pathway that allows you to work as a paid employee within our firm, while concurrently earning a Law degree, with the added benefit of fully funded tuition fees. This means you can focus on honing your legal expertise and academic development, without the financial burden of university costs. As an apprentice, you will spend the majority of your week contributing to our legal teams, working directly under the guidance of a seasoned mentor. You will be exposed to real-world insurance law cases and develop practical skills that are crucial to thriving in the legal profession.
Areas of Expertise and Professional Experience: At Lacey Solicitors, we have handled significant cases that have had a lasting impact on the insurance law landscape, both nationally and internationally. As a legal apprentice, you will have the opportunity to gain hands-on experience in our core practice areas, which include:
• Insurance Litigation
• Personal Injury Law
• Claims Management
• Regulatory Compliance
• Risk Management
• Coverage Disputes
You will be actively involved in various aspects of case management, such as:
• Drafting legal documents
• Liaising with Barristers during the life cycle of a case
• Conducting in-depth legal research on complex insurance matters
• Maintaining detailed case correspondence and documentation
• Assisting in client interviews and witness statements
• Attending Court in both Northern Ireland and the Republic of Ireland
Why Choose Us? • Real-World Experience: Work alongside junior and senior lawyers on a wide range of cases, gaining invaluable insights into the legal industry in both Northern Ireland and the Republic of Ireland.
• Earn While You Learn: Receive a competitive salary while studying for a fully accredited law degree, without the burden of tuition fees.
• Tailored Mentorship: Benefit from personalised guidance from our experienced legal professionals, helping you navigate your career path and mentoring you throughout your apprenticeship.
• Boutique Firm Environment: Located in the heart of the Cathedral Quarter, Belfast, and on the doorstep of Ulster University’s Belfast Campus, you will enjoy the close-knit, supportive atmosphere of a boutique firm where your contributions are recognised, nurtured, and valued.
Who Should Apply?
This programme is perfect for ambitious individuals who are:
• Eager to start a rewarding legal career without the traditional student debt.
• Passionate about practising law and eager to make an impact in a specialised field.
• Ready to balance academic rigour with practical, on-the-job training.
Entry Requirements: To be considered for this apprenticeship, you must meet the following academic requirements:
• A’ level grades of ABB or equivalent.
• A minimum of a Grade C in English GCSE or equivalent.
All offers of employment should be conditional offers based on our requirements.
Start Your Journey Today!Don’t miss this opportunity to jumpstart your legal career with a firm that values your growth and contribution. Apply now and be part of a dynamic team where your future in law begins. You should submit your CV along with a covering letter detailing your interest in law, your motivation to join our firm, and why you would make an excellent apprentice.
Application Deadline: 4 p.m. Friday 30th August 2024.
Shortlisted candidates will be invited to interview week commencing 2nd September 2024. If you have already accepted your place on a traditional Degree pathway, you are welcome to apply for our Legal Apprenticeship Programme.
Support and Guidance
Throughout the apprenticeship, you will receive continuous support from our expert legal team. You will be paired with an Office Mentor and an Academic Advisor from Ulster University who will provide guidance throughout your apprenticeship journey and help ensure your academic and professional success. Your legal career starts here. Are you ready to make it count?
Navigating legal matters can be daunting for anyone. That means finding the right solicitor in Belfast is crucial to ensure your legal needs are met effectively and efficiently.
This quick guide provides an overview of what to consider when choosing your belfast solicitor.
Understanding the Legal Landscape in Belfast and Beyond
Belfast is home to various law firms offering a wide range of legal services.
From family law and personal injury claims to corporate law and property transactions, there is a wide range to choose from, depending on your needs. However, understanding the local legal landscape can help you choose the right solicitors who are well-versed in the specific area of law relevant to your case.
Key Considerations When Choosing A Solicitor In Belfast
When choosing your a solicitor in Belfast, it’s essential to consider:
Experience and Expertise
Look for Belfast solicitors with experience in the law area you need assistance with. Therefore, the practice should have expertise in addressing disputes, drafting legal papers, and representing clients in court. Having a solicitor with relevant skills is crucial. Lacey Solicitors has been running for nearly 20 years having been founded in 2005 by Terence Lacey.
Reputation and Reviews
Researching a solicitor’s reputation will give you useful information about their success rate. You can do this by reading client reviews online. Lacey solicitors has many positive 5 star reviews on Google.
Accessibility and Communication
Clear and consistent communication is vital in legal matters. So, ensure you choose a practice that is accessible and responsive. In addition, receiving information quickly is essential to the positive progress of your case.
Cost and Transparency
Legal costs can vary greatly. Therefore, it is essential to understand the pricing structure before consulting with a solicitor. Look for someone who offers clear, upfront information about their pricing and any additional expenditures.
Types of Legal Services Available with Lacey Solicitors Belfast
Lacey Solicitors in Belfast offer a broad range of services to meet clients’ diverse needs. When choosing a solicitor, it’s essential to understand the specific areas of law they specialise in.
Lacey Solicitors Belfast provides legal services to the insurance industry and those affected by injuries in Ireland while offering a comprehensive suite of legal services, including:
Continuing from this list, let’s go into more detail.
Firstly, Lacey Solicitors in Belfast provides expert legal support across a variety of niche areas. The firm also focuses on serving the insurance industry in Ireland.
Services include handling motor liability cases and representing insurance companies involved in road traffic accidents. Lacey Solicitors also manage public liability claims regarding injuries or damages on public or private property.
Furthermore, they can assist with employer liability cases, ensuring that workplace injuries are addressed and appropriate compensation is managed correctly.
Finally, Lacey Solicitors Belfast team have experience handling catastrophic injury claims ensures that insurance companies are well-represented when dealing with life-altering injuries and the significant claims accompanying them.
Contact the team at Lacey Solicitors here to discuss your legal needs.
According to reports the Court delivered five judgements in the case of Delaney v PIAB, The Judicial Council Ireland and The Attorney General.
Mr Justice Charleton gave a summary as follows.
The majority of the Court considered the guidelines to be legally binding.
Three of the Justices defined the standard that the Guidelines can only be departed from where unreasonable.
The majority reached the view that Section 7 (2) (g) of the Judicial Council Act 2019 was unconstitutional, but that the guidelines were subsequently correctly implemented by virtue of the enactment of Part 9 of the Family leave and Miscellaneous Provisions Act 2021 which sought to amend the Judicial Council Act 2019 and Personal Injuries Assessment Board Act 2003. As such the guidelines passed on the 6th March 2021 were in force as a matter of law and had been given legal effect.
In a landmark decision the Supreme Court has today struck down the Personal Injury Guidelines which came into force in Ireland in April 2021.
Delaney v PIAB, The Judicial Council Ireland and The Attorney General
The decision of the Supreme Court was handed down in the matter listed before the Court for judgement at 9am. The Appeal in the Judicial Review proceedings was from a decision of Mr Justice Meenan in the High Court.
On 12th April 2019 Mrs Delaney fell walking on a footpath grazing a knee and suffering an undisplaced fracture of the tip of the right lateral malleolus (minor ankle fracture).
She applied to PIAB. Respondent was the local authority, Waterford City and County Council. She was advised at the time that under the Book of Quantum general damages were in the range of €18,000.00 – €34,000.00. PIAB made an Assessment under the new guidelines in the sum of €3,000.00.
The Applicant initiated Judicial Review proceedings challenging the legal basis of the drawing up of the guidelines and that the PIAB erred in law in assessing the value under the guidelines and not the Book of Quantum.
The Limbs of Review.
Impermissible delegation of legislation. That the Judicial Council Act 2019 failed to set out “Principles and Policies” for drawing up the guidelines. It was in breach of Article 15.2.1 of the Constitution – vesting sole power of legislation in the Oireachtas.
That the provisions of the 2019 Act are unconstitutional being contrary to the constitutional provisions that provide for judicial independence (Article 35.2 of the Constitution).
That the imposition of the guidelines is retrospective depriving the Applicant of vested rights (Retrospection).
That the imposition of lower awards provisions were disproportionate and/or irrational and infringed the Applicant’s property rights, right to bodily integrity and equality under the Constitution.
The Decision of the High Court.
The matter was heard in the High Court by Mr Justice Charles Meenan. He held as follows:-
There are well established principles for awarding general damages which is not just a matter between a Plaintiff and a Defendant, but also for society in general. Economic, social and commercial conditions have to be taken into account.
Section 90 of the Judicial Council Act sets out clearly the “Principles and Policies” to be applied (see limb (i) above).
In drawing up the guidelines the Judicial Council Committee methodically followed the “Principles and Policies”.
The Committee was not mandated to reduce costs of awards (some more serious awards saw a rise in damages). The results were as a result of the Committee applying the provisions of the 2019 Act.
The Committee was entitled to fix levels of awards having regard to levels of awards in other jurisdictions. Both the 2019 Act and the Supreme Court provided for this.
The provisions allow a Court to depart from the guidelines therefore it is not an encroachment on judicial independence.
Judicial independence, expertise and experience meant that the Judiciary is the appropriate body to draft the guidelines.
The Applicant’s constitutional rights of property, bodily integrity and equality do not encompass a right to a particular sum rather a right to have damages assessed in accordance with well-established legal principals.
In assessing the claim, PIAB acted in accordance with the PIAB Act 2003 (as amended).
The Supreme Court held that whilst the S7(2) (g) Judicial Council Act 2019 was held to be an impermissible delegation of legislation and an encroachment on the separation of powers the 2021 Family Leave and Miscellaneous Provisions Act lawfully corrected the position.
Delaney v PIAB, The Judicial Council Ireland and The Attorney General
White Smoke?
The decision of the Supreme Court is expected to be handed down on Tuesday the 9th April next. The Appeal in the Judicial Review proceedings is from a decision of Mr Justice Meenan in the High Court. Here is a reminder of the issues.
Background.
On 12th April 2019 Mrs Delaney fell walking on a footpath grazing a knee and suffering an undisplaced fracture of the tip of the right lateral malleolus (minor ankle fracture).
She applied to PIAB. Respondent was the local authority, Waterford City and County Council. She was advised at the time that under the Book of Quantum general damages were in the range of €18,000.00 – €34,000.00. PIAB made an Assessment under the new guidelines in the sum of €3,000.00.
The Applicant initiated Judicial Review proceedings challenging the legal basis of the drawing up of the guidelines and that the PIAB erred in law in assessing the value under the guidelines and not the Book of Quantum.
The Limbs of Review.
Impermissible delegation of legislation. That the Judicial Council Act 2019 failed to set out “Principles and Policies” for drawing up the guidelines. It was in breach of Article 15.2.1 of the Constitution – vesting sole power of legislation in the Oireachtas.
That the provisions of the 2019 Act are unconstitutional being contrary to the constitutional provisions that provide for judicial independence (Article 35.2 of the Constitution).
That the imposition of the guidelines is retrospective depriving the Applicant of vested rights (Retrospection).
That the imposition of lower awards provisions were disproportionate and/or irrational and infringed the Applicant’s property rights, right to bodily integrity and equality under the Constitution.
The Decision.
The matter was heard in the High Court by Mr Justice Charles Meenan. He held as follows:-
There are well established principles for awarding general damages which is not just a matter between a Plaintiff and a Defendant, but also for society in general. Economic, social and commercial conditions have to be taken into account.
Section 90 of the Judicial Council Act sets out clearly the “Principles and Policies” to be applied (see limb (i) above).
In drawing up the guidelines the Judicial Council Committee methodically followed the “Principles and Policies”.
The Committee was not mandated to reduce costs of awards (some more serious awards saw a rise in damages). The results were as a result of the Committee applying the provisions of the 2019 Act.
The Committee was entitled to fix levels of awards having regard to levels of awards in other jurisdictions. Both the 2019 Act and the Supreme Court provided for this.
The provisions allow a Court to depart from the guidelines therefore it is not an encroachment on judicial independence.
Judicial independence, expertise and experience meant that the Judiciary is the appropriate body to draft the guidelines.
The Applicant’s constitutional rights of property, bodily integrity and equality do not encompass a right to a particular sum rather a right to have damages assessed in accordance with well-established legal principals.
In assessing the claim, PIAB acted in accordance with the PIAB Act 2003 (as amended).
