Sir, – What is wrong with trusting judicial discretion? I fail to see how limiting a judge’s power to award damages in a case where a party has been, for example, completely blinded, in any way serves society (“Judges vote to adopt new guidelines to reduce personal injury damages”, News, March 6th).
Is it appropriate that the judicial branch should be used to implement policy that is, in reality, the business of the Oireachtas, and to do it behind closed doors, without consultation, debate, or the input of concerned parties?
Where do I now turn if I have a client brave enough to challenge the constitutionality or the human rights implications of these changes? The judiciary has already spoken on the matter. – Yours, etc,
EAMON MURRAY
Solicitor,
Cork.
Sir, – The Judicial Council is not a legislative body. The separation of powers endows the judiciary with independence from the executive.
The Judicial Council’s “vote” is a stranger to the Constitution. It is neither one thing nor the other.
Is a litigant entitled to know or ask how the judge in their case voted?
Where stands the principle of bias?
This new regime has been mushed together on the hoof at a Zoom meeting and the whole process makes a mockery of the separation of powers. – Yours, etc,
MICHAEL DEASY,
Carrigart,
Co Donegal.