Results 11,681-11,700 of 26,037 for speaker:Kieran O'Donnell
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Costs for Small and Medium Businesses: Discussion (4 Apr 2019)
Kieran O'Donnell: I welcome everyone, particularly Ms Murray, whose statement was very compelling. With regard to practical measures, I will first address Mr. Boland. The Judicial Council Bill is going through the Seanad and Mr. Boland is probably aware the Minister is to introduce an amendment on Report Stage for the book of quantum to be reviewed by the judicial council. I offer assurance, along with my...
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Costs for Small and Medium Businesses: Discussion (4 Apr 2019)
Kieran O'Donnell: Should the Court of Appeal not be acting as a kind of quasi-book of quantum for the other courts? Surely the High Court, in making an award, should be required to refer to the Court of Appeal, whose cases should be precedents. It becomes a quasi-book of quantum, an updated book of quantum.
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Costs for Small and Medium Businesses: Discussion (4 Apr 2019)
Kieran O'Donnell: I have a more straightforward question. What is the typical award for whiplash in the High Court?
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Costs for Small and Medium Businesses: Discussion (4 Apr 2019)
Kieran O'Donnell: Some of the cases must have been before the Court of Appeal, where lower awards were given.
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Costs for Small and Medium Businesses: Discussion (4 Apr 2019)
Kieran O'Donnell: For the Court of Appeal. Has the Alliance for Insurance Reform determined why it is taking two years?
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Costs for Small and Medium Businesses: Discussion (4 Apr 2019)
Kieran O'Donnell: Is the book of quantum based on precedent cases that have come before the High Court?
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Costs for Small and Medium Businesses: Discussion (4 Apr 2019)
Kieran O'Donnell: Many solicitors tell me that awards made in cases are reduced in the Court of Appeal. This relates to a very minor number of cases which are very much at the upper end of major injury and there is a two-year delay. In essence, the Court of Appeal does not influence mainstream awards.
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Costs for Small and Medium Businesses: Discussion (4 Apr 2019)
Kieran O'Donnell: I am utterly frustrated because this is déjà vu. I want to know precisely what we have to do to make the changes. The Court of Appeal we have been told about is not actually the panacea for the problems. Is the book of quantum based on precedent awards in the High Court?
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Costs for Small and Medium Businesses: Discussion (4 Apr 2019)
Kieran O'Donnell: Yes.
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Costs for Small and Medium Businesses: Discussion (4 Apr 2019)
Kieran O'Donnell: Is the book of quantum updated in terms of awards made in a particular period?
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Costs for Small and Medium Businesses: Discussion (4 Apr 2019)
Kieran O'Donnell: It is a moving document.
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Costs for Small and Medium Businesses: Discussion (4 Apr 2019)
Kieran O'Donnell: That is fair comment.
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Costs for Small and Medium Businesses: Discussion (4 Apr 2019)
Kieran O'Donnell: When will the next de facto review of the book of quantum take place?
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Costs for Small and Medium Businesses: Discussion (4 Apr 2019)
Kieran O'Donnell: Does this allow adequate time for the review to be done by the judicial council and for whatever changes required under the Bill going through at present, which is on Report Stage, to be made?
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Costs for Small and Medium Businesses: Discussion (4 Apr 2019)
Kieran O'Donnell: That is the point.
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Costs for Small and Medium Businesses: Discussion (4 Apr 2019)
Kieran O'Donnell: What is the level at the District Court? Is it €15,000?
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Costs for Small and Medium Businesses: Discussion (4 Apr 2019)
Kieran O'Donnell: Did Mr. Coghlan's insurance company pay out?
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Costs for Small and Medium Businesses: Discussion (4 Apr 2019)
Kieran O'Donnell: In that case, if Mr. Coghlan had told his insurance company that he wanted to go to the High Court would it have gone to the High Court?
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Costs for Small and Medium Businesses: Discussion (4 Apr 2019)
Kieran O'Donnell: Will reform of the book of quantum make that difference? What reform should occur? The Minister of State, Deputy D'Arcy, genuinely wants to get the book of quantum reformed. He was hounding us to make sure it would go before the Seanad. He has spoken to the Minister, Deputy Flanagan, and it will be on Report Stage. We will get it through as quickly as possible but it is not just about...
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Insurance Costs for Small and Medium Businesses: Discussion (4 Apr 2019)
Kieran O'Donnell: What will be the benchmark for the quantum? It cannot be what has come from the courts in previous years because that would mean continuing higher rates. What will the terms of reference have to be for reviewing the book of quantum?