New Judicial Guidelines set to be out of date before they are adopted

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Alliance calls on Judiciary to ensure huge whiplash reductions in England & Wales are factored into calculations

The Alliance for Insurance Reform has expressed serious concerns regarding the validity of the Judicial Personal Injuries Guidelines due to be adopted on February 20th in light of reforms due to be put in place in England & Wales this May.

Peter Boland, Director of the Alliance, which represents charities, voluntary and community groups, sports and cultural organisations and SMEs severely affected by insurance costs said “Personal injury damages for whiplash injuries, which account for a massive proportion of personal injury claims in Ireland, are already 4.4 times higher than in England & Wales. But this May, awards for minor whiplash injuries in England & Wales are scheduled to be dramatically reduced.  This will leave the guidelines due to be adopted by the Judicial Council on the 20th February completely out of synch with the  jurisdiction that much of our legal precedent comes from, to an extent that will make it difficult to maintain the credibility of the Irish guidelines unless this reduction is factored in.“

Examples of the reductions that are expected in England & Wales include:

  • “Whiplash – recovery within 1 year.” Currently £3,710. Expected to drop to £1,250 in May. (Currently €15,700 in Ireland)
  • “Whiplash – recovery within 2 years.” Currently £6,730. Expected to drop to £3,910 in May. (Currently €19,400 in Ireland)

“We call on the Judicial Council, in their deliberations between now and 20th February, to take the new England & Wales guidelines into account and have regard to the common good in reducing general damages for fully recovered minor injuries by at least 80% to reflect international norms and norms already established by the Court of Appeal.”

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