Month: June 2022

The president of the District Court has said “a lot” of cases may have to be adjourned and more gardaí may have to attend courts following a High Court decision overturning a rule under which a huge volume of criminal prosecutions were managed by Garda ‘presenters’ there.

The High Court’s Ms Justice Marguerite Bolger held on Tuesday that a District Court rule which permits any garda to present a prosecution in the District Courts is an “impermissible” amendment of section 8.2 of the Garda Síochána Act which limits that “significant” right to the garda who initiated the prosecution.

District Court president, Judge Paul Kelly, told The Irish Times later on Tuesday he is waiting to see how the DPP will respond to the High Court judgment.

He said emergency legislation could “easily” address the situation. He also agreed the DPP has the option to appeal the judgment but said, pending any such appeal, the High Court decision is stating the law.

While it is not entirely clear what impact the High Court decision will have on the District Courts, it may well be that a lot of cases will have to be adjourned and more gardaí will have to attend the courts pending the DPP’s response, he said.

To read the full story please visit:

https://www.irishtimes.com/crime-law/2022/05/31/high-court-ruling-on-prosecutions-by-gardai-set-to-cause-disruption-in-criminal-cases/

Decision has potentially huge implications for claimants, lawyers, insurers and the State

A judge will rule on Thursday on the lead case challenging the constitutionality of the law under which judges drafted and approved new guidelines slashing awards for minor personal injuries by up to 50 per cent.

The outcome of the case against the Personal Injuries Assessment Board, the Judicial Council and the State has potentially huge implications for claimants, lawyers, insurers and the State.

Brought by Bridget Delaney, from Dungarvan, Co Waterford, it is the lead of several cases over the guidelines the introduction of which was approved by an 83/63 majority of judges in March 2021.

The guidelines came into effect from April 24th 2021 and apply to claims authorised by the Personal Injuries Assessment Board after that. Earlier cases are assessed under the Book of Quantum (BOQ), which provided for higher awards.

Ms Delaney’s challenge was heard over several days by Mr Justice Charles Meenan before concluding in early April. He will give his judgment on Thursday.

To read the full story please visit:

https://www.irishtimes.com/crime-law/courts/2022/06/01/high-court-to-rule-on-lead-challenge-over-new-guidelines-slashing-awards-for-minor-injuries/