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, as adopted and affirmed by the Oireachtas, do not constitute an impermissible delegation of legislative power or infringe judicial independence. The Guidelines are advisory, not binding, and judges retain discretion to depart from them for stated reasons. The legislative framework provides sufficient guidance and boundaries. No property or personal right of the applicant was infringed by the application of the Guidelines to her assessment.

Citation
[2024] IESC 10
Parties
Applicant/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 Challenge / Judicial Review / Supreme Court Appeal
Outcome
Appeal dismissed; Guidelines upheld as constitutional
Legal Topics
Separation of Powers, Judicial Independence, Delegation of Legislative Power, Personal Injuries Assessment, Damages Guidelines
Constitutional Law Tort Law Administrative Law Separation of Powers Judicial Independence Delegation of Legislative Power Personal Injuries Assessment Damages Guidelines

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 23 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

Bridget Delaney

Applicant/appellant

The Personal Injuries Assessment Board

Respondent

The Judicial Council

Respondent

Ireland

Respondent

The Attorney General

Respondent

Procedural Posture

Constitutional Challenge / Judicial Review / Supreme Court Appeal

Legal Issues

  1. 1 Whether the Personal Injuries Guidelines adopted by the Judicial Council constitute an impermissible exercise in law-making contrary to Article 15.2.1° of the Constitution
  2. 2 Whether the Guidelines infringe judicial independence under Article 35.2 of the Constitution
  3. 3 Whether the legislative framework provides sufficient guidance and boundaries for the delegation of rule-making

Ratio Decidendi

The Personal Injuries Guidelines, as adopted and affirmed by the Oireachtas, do not constitute an impermissible delegation of legislative power or infringe judicial independence. The Guidelines are advisory, not binding, and judges retain discretion to depart from them for stated reasons. The legislative framework provides sufficient guidance and boundaries. No property or personal right of the applicant was infringed by the application of the Guidelines to her assessment.

Court Disposition

Appeal dismissed; Guidelines upheld as constitutional

Orders

  • The Personal Injuries Guidelines remain in force and must be considered by judges in personal injuries actions.
  • Judges retain discretion to depart from the Guidelines for stated reasons.