The Government recently published the Civil Liability Amendment Bill 2015 which provides a legislative framework for the introduction of Periodic Payment Orders as an alternative to the current lump sum compensation system.
Augustus Cullen Law’s Managing Partner, Michael Boylan, was a member of the Judicial Working Group on Medical Negligence which provided a report to the Government in 2010 setting out recommendations for the overhaul of the system in which catastrophic injuries cases are litigated. Part of the Working Group’s recommendations was for the introduction of legislation to provide for the making of Periodic Payment Orders. However, as Michael writes in the Irish Times, the Bill now introduced by the Government ignores the recommendations of the Working Group regarding the appropriate inflation index to which any Periodic Payment Order must be linked. As a result, the Bill does not seem to adequately address the difficulty of ensuring that sufficient provision is made for the lifetime care needs of injured Plaintiffs. As a result, the Bill is unlikely to find favour with Plaintiff’s unless it is amended to provide for an appropriate inflation index.
To read Michael’s Irish Times article on this subject please click on the following link:
For further information on this issue please contact Michael Boylan in our Medical Negligence Department.
07 August 2015