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ARTICLE · 28 SEPTEMBER 2023

The Personal Injury Guidelines - An Update

Dillon Eustace
Dillon Eustace
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Dillon Eustace

Dillon Eustace

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The Personal Injury Guidelines ('the Guidelines') came into operation on 24 April 2021, with the intention of achieving greater consistency in awards for varying types of personal injury.

IrelandLitigation, Mediation & Arbitration
Elaine Healy
Elaine Healy
Claire Kennedy
Claire Kennedy
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The Personal Injury Guidelines ('the Guidelines') came into operation on 24 April 2021, with the intention of achieving greater consistency in awards for varying types of personal injury. Given that the introduction of the Guidelines is still relatively recent, their operation in practise and their overall impact are still being keenly considered.

Constitutionality of the Guidelines

A constitutional challenge to the implementation of the Guidelines was made in Delaney v Personal Injuries Assessment Board & Ors [2022] IEHC 32. The plaintiff injured her ankle and knee as a result of a fall on a footpath. On 21 May 2021, PIAB awarded her general damages of €3,000 pursuant to the Guidelines. It was argued that if the Book of Quantum (which had been replaced by the Guidelines only weeks earlier) had applied, an award in the region of €18,000 - €34,000 was likely. The constitutional challenge was rejected by the High Court who noted that while the plaintiff had a

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