Delaney v Personal Injuries Assessment Board

Delaney v Personal Injuries Assessment Board

Supreme Court, 9th April 2024

The Supreme Court has ruled, by a majority of five to two in a landmark challenge, that judge-approved guidelines slashing awards for mainly minor personal injuries have legal effect and are legally binding.

We await the decision of the Supreme Court to be published later today, the following are the key summary points:

  1. The majority of the Supreme Court consider that the guidelines have legal effect. The Personal Injury Guidelines are legally binding.
  2. Three Supreme Court members define standards that guidelines can only be departed from where unreasonable.
  3. The majority of the Supreme Court conclude that s.7(2)g of JC Act is unconstitutional in its present form as being contrary to independence of the judiciary.
  4. The majority of the Supreme Court of the court consider that the guidelines were subsequently independently ratified by Oireachtas by family leave act 2021 thus the Pi guidelines passed on 6 March are in force as a matter of law and have thereby been given legal effect.
  5. The majority of the Supreme Court find that the transitory provisions of 2021 Act are not unconstitutional and that there were no vested property or personal rights vindicated under any other earlier guidelines than those passed by Judicial Council.

Supreme Court Orders:

  • A declaration that s7(2)g is unconstitutional in current form.
  • A declaration that the guidelines on 6 March 21 were given force of law by family act 2021 and are consequently in force.
  • ⁠A declaration that PIAB acted properly and in accordance with law by applying guidelines in May 2021
  • An order that save for declaration of unconstitutionality the appeal is to be dismissed and order of costs made
  • Presumptively given these orders that the appellant’s costs to be made against Ireland and the AG

We await the published decision later today to provide a comprehensive review.


Leave a Reply

Your email address will not be published. Required fields are marked *