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ARTICLE · 07 OCTOBER 2020

Is Capping Damages In Personal Injuries Actions Constitutional?

Dillon Eustace
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The Law Reform Commission has published a report examining whether it is constitutionally permissible to place an upper limit on general damages in personal injuries cases.

IrelandLitigation, Mediation & Arbitration
Elaine Healy
Elaine Healy
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The Law Reform Commission (LRC) has published a report examining whether it is constitutionally permissible to place an upper limit on general damages in personal injuries cases (the Report). A full copy of the Report can be accessed here.

They assessed a number options and made recommendations as to their constitutionality. The preferred option was to allow the court to set the cap having considered the guidelines that will be drawn up by the Personal Injuries Guidelines Committee (the Committee).

Background

The Cost of Insurance Working Group and the Personal Injuries Commission published reports in 2017 and 2018 which made a number of different recommendations, including that the LRC consider the constitutionality of capping general damages in personal injury actions.

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