Judges have indicated strong support for draft amended guidelines providing for a 16.7 per cent increase in personal injuries awards.
At a meeting on Friday of the Judicial Council, comprising the State’s judges, there was no dissent from a proposal from the council’s board to send the draft guidelines to the Minister for Justice to be laid before the Houses of the Oireachtas.
The Judicial Council Act 2019 provides, once that is done, the guidelines return before the council for a formal vote.
While Friday’s meeting at the King’s Inns in Dublin was private, sources said the endorsement of the board’s proposal indicates the draft guidelines are strongly supported by judges.
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The 16.7 per cent increase reflects increased inflation since the original guidelines were approved by a majority of judges in 2021.
If approved, judges must have regard to the guidelines when deciding awards and must give reasons for any departure from them.
The proposed amendments are likely to mean higher awards for plaintiffs, a prospect greeted with concern by insurers, employers and the Alliance for Insurance Reform.
The 2021 guidelines slashed awards for mainly minor personal injuries by an average 30 per cent. The 16.7 increase will not restore awards to the levels they were under the Book of Quantum, which was replaced by the 2021 guidelines.
The proposed increase would mean the maximum €550,000 general damages under the 2021 guidelines for the most serious injuries, such as quadriplegia, will rise to about €642,000. Awards for back injuries would range from €585 for the most minor to €350,000 for the most severe. The total loss of a little finger could result in awards from €14,000-€29,200 with higher awards for other fingers, including €29,200-€40,800 for the index finger. Awards for facial injuries resulting in very severe scarring range from €93,400 to €233,000 while awards for minor scarring range from €585 to €8,170.
Awards for loss of, or damage to, teeth range from €1,750 for loss of, or damage to a back tooth and €35,000 for loss of, or serious damage to, several front teeth.
The council meeting also involved training for judges in relation to issues of sentencing. The council’s sentencing guidelines and information committee, whose functions include the preparation of draft sentencing guidelines for various offences, recently published research relating to sentencing in the District Court, particularly in cases of relationship violence and abuse.
During the council meeting, Chief Justice Donal O’Donnell paid tribute to two District Court judges who died over the past year, Elizabeth McGrath (65), who died last July after a brief illness and Marie Quirke (60), who died suddenly on January 21st last.
The Chief Justice separately wished Galway District Court Judge Mary Fahy, who retired on Friday after 31 years on the bench, all the best for her retirement.
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