The Law Society of Ireland has welcomed the publication of the Law Reform Commission’s Report on Capping Damages in Personal Injuries Actions.

The LRC concluded that the damages capping model recently enacted in the Judicial Council Act 2019 meets constitutional tests and should be given time to be implemented.

Law Society President Michele O’Boyle said a submission from the Society had argued that this model, Model 4 of the four examined in the report, was the only option fully compliant with key Constitutional law principles.

“I am particularly pleased that the Commission has agreed with the Society in identifying Model 4 as the most Constitutionally robust option for capping damages,” she said.

President O’Boyle warned, however, that there was no evidence that the capping of damages would lead to the lowering of premiums by the insurance industry for their business and personal customers.

Huge profits

“Insurance companies have posted huge profits for many years with little or no relief for policy-holders on the cost of premiums.” she said.

The president said the report was one significant element of a wider move towards greater consistency and transparency in the realm of insurance and awards for personal injuries.

“The Law Society looks forward to the Judicial Council’s publication of draft guidelines for damages and we will continue to positively engage with the Government and with State bodies on this important matter,” President O’Boyle said.