The Judicial Council personal injuries guidelines committee has asked for a six-week extension before making its report on damages awards to the Minister for Justice, the Law Society litigation seminar heard yesterday (29 October).

The same company which was involved in producing the Book of Quantum has been asked to assist in producing the new awards guidelines.

Personal injury specialist solicitor Stuart Gilhooly said the committee will have the difficult decision of deciding when the new guidelines come into effect.

This decision will be of great importance to both practitioners and complainants, Stuart Gilhooly said.

If new guidelines come into effect on the date of publication, potential constitutional issues could arise for cases that are currently in the pipeline, assuming awards are driven downwards, he pointed out.

Unfairness

This could give rise to huge unfairness, he warned.

Currently, a court has no discretion to award costs if its award is less than that offered by PIAB.

This will be a big issue for the Judicial Council committee, Gilhooly said. 

He said that existing Court of Appeal decisions on damages will be important in the eventual guidelines.

Mrs Justice Mary Irvine’s statement that modest injuries should attract modest damages will be seen in the guidelines, he predicted.

Social conditions

“Damages must be fair to the plaintiff and they must be objectively reasonable in light of the common good and social conditions of the state,” he said, quoting judicial decisions. 

Damages must also be proportionate, because their effect is important, and damages must reflect general living standards in the country, in the view of the Court of Appeal.