Statutory cap on personal injuries awards rejected by solicitors and barristers
Proposals for a statutory cap on personal injuries payouts have been rejected by the solicitor and barrister professions.
The Law Reform Commission last year set out four models for capping personal injury awards.
In submissions to the Commission, both the Law Society of Ireland and The Bar of Ireland have endorsed the fourth model.
Under this model, courts would continue to determine the level of awards of general damages through case law, as supplemented by the significant new provisions for Personal Injuries Guidelines under the Judicial Council Act 2019.
The Bar, in its submission, also said the second model, under which general damages are capped and all awards for lesser injuries are indexed to the cap, “is the least desirable model”.