The Injuries Board Book of Quantum has been updated for the first time since its introduction over a decade ago.

Irish motor

Insurance premiums have been the "hot topic" of 2016 with an Oireachtas Committee being set up to address the issue of rapidly rising insurance premiums. 

Motorists Insurance premiums are at an all time high with some drivers seeing their premium rise up to 40%. The Insurance Industry has attempted to justify the continual increase as a reflection of higher personal injury awards being made and rising legal fees as a factor.

On releasing the updated Book of Quantum the Injuries Board has said there was no evidence available during the research carried out by Verisk Analytics (ISO), a global provider of data and analytics, to prove the costs of awards has lead to the increase of motor insurance premiums. This being on the back of the Law Society and Bar Council of Ireland refuting the Insurance Industry claims that costs have increased as a result of higher legal fees. 

Both the Law Society and the Bar Council made Submissions to the Joint Committee on Finance, Public Expenditure & Reform and the Taoiseach in which, in summary, they have stated: (i) The lack of transparency and incomplete disclosure by the Insurance Industry is a significant barrier to a comprehensive understanding of the Claims environment; (ii) Financial mismanagement and imprudent pricing by the Insurance Industry during 2012-2014 has led to premium increases in order to restore profitability; (iii) As highlighted by Dorothea Dowling, a €1 billion discrepancy between the income of Irish Insurers and published Awards warrants investigation; (iv) There has been an increase in the number of Claims but this is due to increased economic and social circumstances where there is increased volumes of traffic on our roads and consequently more premium income for the Insurers; (v) No significant increase is evident in the number of Claims being made through the Injuries Board and Court Awards levels remain constant.

Therefore the rise in Insurance premiums as a result of an increase in the number of claims and high legal fees have been hotly contested issues. 

With regard to the Book of Quantum, the word ‘quantum’ is the Latin equivalent of the word ‘quantity.’ Used in the legal context, it is an expression used to mean the amount of money a successful claimant could receive in a court action. Since the introduction of the Personal Injuries Assessment Board in 2004 Personal Injury claims must be submitted through the Injuries Board unless settled directly between the parties after the accident.

The Injuries Board is a state body which was set up to assess personal injuries claims and must refer to the book of quantum in all its evaluations for personal injury claims. The updated book has far more detail than the original Book of Quantum with regard to the ranges being paid in Ireland by the various bodies in the injuries claims area in respect of compensation for pain and suffering.

Apart from the updating of figures to reflect the existing level of damages in respect of various injuries, the new Guidelines publication has been expanded. The guidelines now includes additional injuries such as concussion, partial finger amputations, clavicle injuries, upper limb disorders, Achilles tendon injuries, lung lacerations, food poisoning and other categories. Those injuries were not included in the previous Guidelines because of the lack of available data at the time of publication in 2004.

It is important that every client understands that the Guidelines are intended to provide an indication as to the potential range of compensation for a particular injury, every claim will continue to be dealt with on its individual merits. 

The Construction Contracts Act 2013 applies to contracts entered into after 25 July 2016. Any client entering a construction contract should be aware of the new Act. The main features of the Act are as follows:

(1) Irrespective of the provisions of the subcontract, subcontractors are entitled to be paid the full value of work completed every 30 days.

(2) The paying party must respond to a payment claim within 21 days of the payment claim date. If it fails to do so, it runs the risk of having to pay the full amount of the claim, irrespective of how inflated it may be.

(3) Any dispute relating to contractor and/or subcontractor payment may be referred to an adjudicator at any time. The adjudicator must give a decision within 28 days, and the amount awarded by the adjudicator is payable immediately, irrespective of the fact that the dispute may then be the subject matter of arbitration or litigation.

(4) Pay when paid provisions for contractors and sub contractors are no longer permitted.

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Ireland-India Council (IIC) is the leading organization working to strengthen the existing relationship and promote understanding among the Irish Indian Communities, business leaders, universities and institutions of the Ireland and India. Council brings together present and future leaders, intellectuals and diplomats from our two countries and lay the groundwork for future cooperation.

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The Law Society is the educational, representative and regulatory body of the solicitors' profession in Ireland.

This website includes information pertaining to the Land Registry of Ireland. 

The Motor Insurers’ Bureau of Ireland was established in 1955 by an Agreement between the Government and the companies underwriting motor insurance in Ireland for the purpose of compensating victims of road traffic accidents caused by uninsured and unidentified vehicles. 

A comprehensive guide to the Injuries Board system. 

The PRTB aim to resolve disputes between landlords and tenants. They also provide information on rights and obligations for both Landlords and Tenants. 

The Revenue website provides detailed information on all tax related issues. 

Workplace Relations provides information on industrial relations & rights and obligations under Irish employment and equality legislation

The increased Capital Gains Tax (CGT) clearance threshold of €1 million was introduced under section 42 of Finance Act 2015 and came into effect on 1 January 2016.

This increased threshold applies solely in respect of disposals of residential houses / apartments, being defined as “including any building or part of a building used or suitable for use as a dwelling and any out office, yard, garden or other land appurtenant to or usually enjoyed with that building or part of a building.”

The €500,000 threshold remains in place as before for disposals of all other Irish land and buildings (including commercial property).

For more information on CGT and other taxes, contact the office. 

The Workplace Relations Act 2015 (“the Act”) commenced on 01 October 2015. The Act amends 24 Acts and numerous Statutory Instruments. This is the biggest change to how employment claims are dealt with since the introduction of the Unfair Dismissals Act in 1977.

2016 will br significant year for Employment Legislation. Employers must ensure compliance with legislation, regulations and European Union directives, whilst also ensuring they are aware as to what is happening in the different dispute resolution forums and being knowledgeable about upcoming legislation

The following are some of a number of changes coming into force in 2016:- 

Minimum Wage 

From the 1st of January 2016 the minimum wage increased from €8.65 per hour to €9.15 per hour. This move was made following a decision by the Low Pay Commission and will effect just under 125,000 Employees in Ireland. The commission is due to review the minimum wage rate again next year.

Paternity Leave 

Budget 2016 introduced plans for 2 weeks statutory paternity leave. This leave is due to come into effect September 2016, however the Government have not currently announced any planed legislation around this proposed leave.

Employees Personal Messages 

A recent case at the European Court of Human Rights (ECHR) has ruled that a company which read a former Employees messages sent while at work, has not violated the Employees rights. In issuing his conclusion the judge stated it was not "unreasonable that an Employer would want to verify that Employees were completing their professional tasks during working hours". However, the Data Protection Commissioner has yet to comment on this ruling and it is still unknown how this decision will impact the Irish workplace.