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Start date set for new personal injuries guidelines

Guidelines on the level of damages that may be awarded as a result of claims for personal injuries are to come into effect on Saturday, 24 April.

The Personal Injuries Guidelines, which were approved by the Judicial Council last month, will be used by both the Personal Injuries Assessment Board (PIAB) and the courts to assess compensation in such claims. The guidelines reduced the amounts which can be awarded for many categories of injury.

After the council’s backing, the Cabinet approved the amendment of the Judicial Council Act 2019 and the Personal Injuries Assessment Board Act 2003 to bring the new guidelines into effect. These changes determine exactly how the guidelines will take over from the Book of Quantum, which has been used up to now in such cases.

Costs

Announcing the start date, Minister for Justice Helen McEntee (pictured) said the guidelines should reduce costs and, in time, boost competition in the Irish insurance market.

“It is now important that the insurance industry follows through and brings down the cost of insurance,” she added.

The new guidelines apply to applications already made to the PIAB, except where an assessment has been made.

Review within three years

The Book of Quantum will continue to apply where PIAB assessments have been made or where a hearing is already before the courts.

Under the Government’s Action Plan on Insurance Reform, the Department of Justice will report on the implementation and early impact of the guidelines by December 2021.

Under the terms of the Judicial Council Act 2019, the guidelines must be reviewed within three years of being adopted and every three years thereafter.