A very interesting article in today's @IrishTimes from @cpkeena suggests that the judiciary is collectively against reductions in general damages awards for personal injuries.
This is a problem for Government, as it pits judges against public policy. https://twitter.com/InsuranceRefIre/status/1361939124094193664
Despite protestations from legal lobbyists in @LawSocIreland and @TheBarofIreland
awards levels and (legal costs) are the biggest factors in the cost of insurance.
We will not get lower insurance costs unless we tackle them.
The Personal Injuries Commission, which included solicitors' and barristers' representatives, concluded that damages in cases below €100k in Ireland were FIVE times those in the UK.
But the legal lobby appears to be disowning the PIC now.
Why?
Could it be, as was suggested after the last meeting of the Judicial Council on 5th February, that judges are concerned with the impact on the incomes of connected parties such as brothers, sisters and children, if awards for minor injuries are reduced?
#insurancereform
However, if judges are to be fair, equitable and disinterested in their deliberations on Saturday, they must detach themselves from consideration about financial impacts on their friends and relatives.
Therefore, before the Chief Justice holds his "vote" on the Judicial Council's proposals on awards this Saturday, he should ask the members of the judiciary to declare any interest they have in the matter of personal injuries awards.
#insurancereform
The judiciary are excluded from the requirement to make a written declaration of interest under the Ethics in Public Office Act, 1995.
This does NOT mean that they are not required to act ethically.
http://www.irishstatutebook.ie/eli/1995/act/22/enacted/en/print#sec2
The Chief Justice MUST ask any judge with a relationship with a "connected person" to recuse themselves from consideration of the new personal injuries guidelines.
(ISME understands this would require a substantial number of judges to stand aside this Saturday)
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