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Court dismisses challenge over personal injuries rules

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High Court dismisses the challenge of a Co Waterford woman to the constitutionality of new guidelines reducing damages for minor personal injuries

Bridget Delaney from Dungarvan, claimed she fractured her ankle after she tripped and fell on a footpath in April 2019.

She alleged negligence on the part of Waterford City Council and disputed the assessment of the Personal Injuries Assessment Board that her injury merited an award of €3,000 under the new guidelines which came into effect last year. She claimed her case should have been assessed at between €18,000 and €34,000 under the Book of Quantum which has been replaced by the new guidelines.Dismissing her action, Mr Justice Charles Meenan, ruled Ms Delaney's constitutional rights of property, bodily integrity and equality did not include a right to a particular sum of damages.

Rather, he said, she had a right to have her damages assessed in accordance with well established legal principles. The effect of this was that the level of damages varied over time.

 

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Absolute right and proper judgement here today... decency and common sense prevail... this country has been too long dogged by a cancerous compensation culture... brilliant result... ha ha ha....

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