Solicitors against plan to cut injury awards

SOLICITORS have expressed concern at proposals for a stop-gap measure aimed at bringing down the size of awards for minor injuries.

The Law Society warned the proposal by Justice Minister Charlie Flanagan may give rise to constitutional problems.

Mr Flanagan has asked Chief Justice Frank Clarke for his views on the possibility of setting up an ad-hoc group of judges, Courts Service and Department of Justice officials to recalibrate award levels.

The move comes amid pressure on the Government to introduce reforms aimed at cutting insurance costs.

The Personal Injuries Commission reported last year that payouts for whiplash were 4.4 times higher on average than in England and Wales.

It proposed a judicial council be tasked with recalibrating award guidelines, but legislation allowing this has stalled.

The Law Society said the failure to progress the legislation “should not result in a kneejerk reaction which could have unintended and unforeseen negative circumstances”.

It warned of the importance of preserving the separation of powers and said the State could not be impartial in assessing appropriate claims levels when it is a defendant in many compensation cases.

The society is concerned claimants could fall foul of statutory rules on costs if the goalposts are shifted. It also claimed there was no evidence reducing damages would result in lower premiums.

However, Retail Excellence, which represents 1,850 Irish businesses, welcomed Mr Flanagan’s proposal, saying the current awards system was “broken”.