Press release
Minister McEntee secures Government approval to give legal effect to the Personal Injury Guidelines
Published on
Last updated on
Published on
Last updated on
Minister McEntee has today secured Cabinet approval to amend the Judicial Council Act 2019 and the Personal Injuries Assessment Board Act 2003 to bring the new Personal Injuries Guidelines into effect.
Bringing the new Personal Injuries Guidelines into operation is a key action in Minister McEntee’s Justice Plan 2021 and the Minister intends that the Guidelines will take effect in April.
Speaking after Cabinet, Minister McEntee said:
"The approach agreed by Government today takes into account both the urgency in tackling high insurance costs and fairness for those who have suffered injury as well as those who are required to defend a claim. I believe we have struck the correct balance.
"Government has decided that the new Personal Injuries Guidelines should apply to applications already made to the Personal Injuries Assessment Board except where an assessment has been made. The Book of Quantum will continue to apply where PIAB assessments have been made or where a hearing is already before the courts.
"I hope the new Guidelines will have an impact on the award of damages in personal injuries cases and bring down the cost of insurance. We’ll continue to assess the impact of the guidelines and if we need to take further action, we will."
The amendments to the Judicial Council Act 2019 and the Personal Injuries Assessment Board Act 2003 will be brought forward through the Family Leave Bill to ensure the Guidelines as can take legal effect as soon as possible.
Under the Judicial Council Act, the Personal Injuries Guidelines Committee (PIGC) of the Judicial Council is required to submit guidelines on personal injury awards to the Judicial Council for adoption and publication.
The Judicial Council adopted the Personal Injuries Guidelines on Saturday 6 March.
The guidelines set out the level of damages that may be awarded or assessed in respect of personal injuries and are an important element of the government’s Action Plan on Insurance.