Oireachtas Joint and Select Committees

Wednesday, 4 May 2022

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach

General Scheme of the Judicial Council (Amendment) Bill 2021: Discussion

Mr. Michael Horan:

In a normal year, a large number of claims would be settled. Since the personal injuries guidelines were introduced, the settlement rate has ground to a standstill. We are finding that only about 3,000 claims have been settled since the introduction of the personal injuries guidelines. Another factor we are noticing is that the claims being settled are at the minor end of the spectrum. In terms of the severity of injury, we are talking about very minor injuries. We have not seen the larger claims settled yet under the personal injuries guidelines. We have also not seen claims settled in the litigated channel so far to any great degree. Historically, the majority of the claims and the majority of the cost, in particular, are in the litigated channel. We are making the point that we are in a limbo. We are awaiting the outcome of various court cases to see what will happen. When I say we are waiting I am saying everybody, all stakeholders, are waiting. Claimants, solicitors and insurers are waiting to see what happens and everybody is hoping the judicial guidelines will be brought into effect in all the various court judgments that occur going forward and that we see the gradual unblocking of what is happening at the moment.

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