The Personal Injuries Guidelines Committee has submitted to the Board of the Judicial Council the first draft of personal injuries guidelines prepared by the Committee pursuant to Section 18 (4), as amended, of the Judicial Council Act 2019
The Act provides that the guidelines are to be prepared in accordance with Section 90 of the Act. This section requires the Committee, in preparing the guidelines, to have regard to:
(i) the level of damages awarded for personal injuries by courts in the State;
(ii) the level of damages awarded for personal injuries in courts in such places outside the State as the Committee or the Board considers relevant;
(iii) the principles for the assessment and award of damages for personal injuries as determined by the High Court, Court of Appeal and Supreme Court
(iv) the need to promote consistency in the level of damages awarded for personal injuries; and
(v) such other factors as the Committee or the Board considers appropriate.
The guidelines, once adopted, will replace the Book of Quantum. Judges will be required to provide reasons for any departure from the new guidelines in assessing damages in personal injury cases.