Hip fracture case underlines case for revised Book of Quantum

A leading litigation lawyer has reissued her call for a “realistic review of the Book of Quantum” following a successful case before the Court of Appeal.

Sinead Carroll, partner in the litigation department of Cantillons Solicitors in Cork, represented a 78-year-old woman who fractured her hip after a slip and fall in Dunnes Stores in Clonakilty, Co Cork.

The woman was awarded €20,000 in the High Court to compensate her for pain in the future.

Mr Justice Henry Abbott indicated that, in making that ruling, he had felt “somewhat constrained by the Book of Quantum”.

The Court of Appeal increased the general damages for her pain and future suffering to €40,000. In total, the award for this elderly lady amounted to €152,338.72.

Ms Carroll said: “This is a welcome decision.

“It also highlights the necessity for a realistic review of the Book of Quantum, to ensure that innocent victims are adequately compensated, and to reflect the current level of awards.”

In a piece published by Irish Legal News earlier this month, Ms Carroll responded to reports that Acting Jobs Minister Richard Bruton has met with key members of the judiciary in a bid to tackle “inflated” personal injury compensation awards.

Ms Carroll wrote: “Whereas commentators, including this author, welcome the revision, however, it is hoped that the figures will be revised realistically.

“Commentators, including members of the Judiciary, have observed that the Book of Quantum, even when published, was inaccurate, and did not reflect (as it was supposed to) the current level of awards, as they then were, in respect of some injuries. It is now disturbing to note that the Minister is seeking for a revision downwards.”