Frustrations are ongoing in the legal community as a confusion surrounding the establishment of an ad hoc judicial committee continues to dominates headlines.
Earlier this week, it was reported by the Irish Times that Justice Frank Clarke had written a “strongly worded letter” unleashing his frustration at the Minister for Justice, Charlie Flanagan, over government plans to revamp personal injury guidelines and cap insurance claims for victims of soft tissue injuries, such as whiplash.
Justice Clarke “deeply unhappy”
Justice Clarke is said to be “deeply unhappy” with how the matter is unfolding, as well as how the government’s coercive decision may seriously impact judicial independence.
Indeed, there is a notable lack of clarity in the government’s proposal to establish an interim judicial committee while the necessary legislation for a permanent Judicial Council continues to linger in the Oireachtas. However, it has been recommended of Justice Clarke that the transitory committee be formed of judges with experience in personal injury cases, staff from the Department of Justice, as well as representatives of the Personal Injuries Assessment Board.
Reaction of the Law Society
It is not only Justice Clarke that has voiced his frustration towards the proposed restructuring in personal injury awards. The Law Society of Ireland has cautioned that constitutional problems may arise in response to the government’s plans to alter compensation guidelines, and that failure to advance necessary legislation should not result in a “knee-jerk reaction” which may result in “unintended and unforeseen negative circumstances”.
A valid concern raised by the Law Society is the necessity to maintain a veritable separation of powers, as in many compensation claims the State is the defendant. This would lead to a potential lack of impartiality, a precedent that solicitors across the country are keen to avoid when representing their clients.
Confusion and frustration will undoubtedly continue as the matter unfolds over the coming weeks and perhaps months. Despite the discord, your solicitor will be happy to provide you with guidance should you feel you are entitled to make a personal injury claim.
* In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. *