In a fatal injuries claim a court can award damages under three main headings
 
1. Financial loss or loss of financial dependency
 
2. Funeral and inquest expenses
 
3. Mental distress
 
Only one claim may be brought on behalf of all dependants.
 
Usually, if a spouse survives the deceased that spouse is the most suitable person to take the claim on behalf of all dependants.
 
The word “dependants” is defined in legislation as follows:
 
“a spouse, [civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010] , parent, grandparent, step-parent, child, grandchild, step-child, brother, sister, half-brother or half-sister of the deceased”
 
The definition in the statute covers a range of persons. Given that there can be only one claim it is necessary to ensure that each of the statutory dependants who wishes to be involved in the claim is given that opportunity.

On 6 March 2021, the Judicial Council approved the new Personal Injuries Guidelines which are intended to replace the Book of Quantum of 2016 when it comes to the assessment of compensation awards in personal injuries claims. See our recent blog post.

One of the most controversial aspects of the Book of Quantum was the level of awards it set for so-called whiplash or soft-tissue injuries.

The chart at the end of this post sets out in accessible format the guideline levels of whiplash compensation contained in both the soon-to-be-obsolete Book of Quantum and the Personal Injuries Guidelines, likely to be approved by cabinet shortly.

Judges have voted to adopt new guidelines regulating the size of personal injury awards.

The new guidelines, which will be welcomed by insurance companies, are likely to greatly reduce the amount of compensation awarded to those who have suffered injuries in road traffic and work accidents through no fault of their own. It remains to be seen if insurance companies will reduce their premiums as a result.

A number of High Court judges have expressed the fear that awards will now, in some cases, fall significantly short of what might be viewed as fair and reasonable. It is to be hoped that the courts will retain their independence and discretion when awarding general damages to ensure that people who have suffered injury as a result of the negligence of others  - in, for example, a road traffic accident caused by a dangerous driver or because of an employer's failure to implement proper safety procedures - will receive compensation that properly reflects the severity of their injuries.

Judicial Council members approved the guidelines by a majority vote - 83 in favour, 63 against - at a meeting today.

The Minister for Justice, Helen McEntee, will bring proposals to Cabinet on 9 March on how to implement the guidelines which will take effect when the Minister commences section 99 of the Judicial Council Act 2019.

The guidelines will replace the Book of Quantum which set general guidelines for the assessment of awards in personal injury claims.

The new guidelines are set out in the document below.

We are often asked about the so-called "7 year rule" in connection with planning permission.

Some people believe that the 7 year rule amounts to a kind of amnesty from the consequences of having carried out an unauthorised development. This belief is incorrect.  While the 7 year rule does provide a certain amount of comfort to a property owner or potential purchaser, an unauthorised development remains an unauthorised development unless and until retention permission is sought and granted. This unauthorised status carries with it certain difficulties which this article will explain.