Delaney v The Personal Injuries Board & Ors (Approved) [2024] IESC 10 (09 April 2024)

Delaney v The Personal Injuries Board & Ors (Approved) [2024] IESC 10 (09 April 2024)

The Personal Injuries Guidelines adopted under s. 7(2)(g) of the Judicial Council Act 2019 are substantive legal norms, not merely advisory, as they create a mandatory framework for the assessment of damages with limited scope for departure. The statutory regime requires courts and PIAB to have regard to the Guidelines and to provide rational, cogent, and justifiable reasons for any departure, ensuring consistency and proportionality. The Guidelines do not infringe judicial independence as the discretion to depart remains, albeit tightly circumscribed. The 2021 Act did not cure any constitutional defect in the adoption of the Guidelines. The appeal is dismissed.

Citation
[2024] IESC 10
Parties
Appellant: Bridget Delaney; Respondent: The Personal Injuries Assessment Board; Respondent: The Judicial Council; Respondent: Ireland; Respondent: The Attorney General
Jurisdiction
Ireland
Judgment Date
09 April 2024
Procedural Posture
Constitutional Appeal / Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Personal Injuries Guidelines, Judicial Independence, Assessment of Damages, Substantive Law Vs Guidelines, Statutory Interpretation
Constitutional Law Tort Law Judicial Review Personal Injuries Guidelines Judicial Independence Assessment of Damages Substantive Law Vs Guidelines Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 14 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Bridget Delaney

Appellant

The Personal Injuries Assessment Board

Respondent

The Judicial Council

Respondent

Ireland

Respondent

The Attorney General

Respondent

Procedural Posture

Constitutional Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether s. 7(2)(g) of the Judicial Council Act 2019 and the Personal Injuries Guidelines adopted thereunder are constitutionally valid
  2. 2 Whether the Guidelines constitute substantive law or are merely advisory
  3. 3 Whether the statutory regime infringes judicial independence

Ratio Decidendi

The Personal Injuries Guidelines adopted under s. 7(2)(g) of the Judicial Council Act 2019 are substantive legal norms, not merely advisory, as they create a mandatory framework for the assessment of damages with limited scope for departure. The statutory regime requires courts and PIAB to have regard to the Guidelines and to provide rational, cogent, and justifiable reasons for any departure, ensuring consistency and proportionality. The Guidelines do not infringe judicial independence as the discretion to depart remains, albeit tightly circumscribed. The 2021 Act did not cure any constitutional defect in the adoption of the Guidelines. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The Guidelines are constitutionally valid and binding as substantive law for the assessment of personal injury damages.
  • Courts and PIAB must have regard to the Guidelines and may only depart for rational, cogent, and justifiable reasons, which must be stated.