As we enter a new legal term, it is opportune to review the recent Injuries Resolution Board (IRB) Report, published on 9 July 2025, and the non-increase of the personal injury guidelines proposed by the Judicial Council, as recently advised by the Minister for Justice.
Claims submitted to the Injuries Board in 2024 rose by 3% to 20,837 from 2023, according to their recent report. There is little doubt the figures reflect what is referred to as the “changed environment” for personal injury claimants. Total claims prior to Covid were in the region of 30,000 per annum, so they are down about 33.3% overall. This must be viewed in the context of the higher awards prior to the Judicial Guidelines, which came into being on 6 March 2021; legislative change (Occupiers Act); and previous divergences between the Judiciary and the Injuries Board.
There is difficulty comparing the figures for the Covid years, which skewed numbers downwards for obvious reason, though comparisons with 2019 clearly show this new claims environment. The figures are up approximately 3% between 2023 and 2024, reflecting what may be a stable claims environment – but overall, there appear to have been 30% fewer claims. There can be little doubt that the lower guidelines impacted on smaller personal injury claims, with less motivation to bring a claim for minor injuries yielding lower awards.
The Judicial Council are required by law to review the lower guidelines, and they made a proposal to increase such awards by 16.7% to reflect inflationary pressures and appropriate damage values. The Justice Minister has confirmed he will not ask the Oireachtas (Parliament) to approve the Judicial Council proposal to revise awards upwards. This requirement arose out of the Supreme Court Ruling in April 2025 requiring such parliamentary approval.
While welcomed by the insurance industry after considerable lobbying, the decision not to increase such awards opens the risk that the judiciary could exercise their independence by making higher awards, however this outcome remains to be seen, and any Court of Appeal decision will be interesting to observe in due course.
A review of the 2019 Judicial Council Act is to be undertaken by the Minister for Justice to ascertain how guidelines are set, and the outcome is eagerly awaited.
Broadly speaking, with overall claims approximately 30% lower in 2024 than 2020 and the fact that there will be no immediate increase of awards, there is undoubtedly a new consistency in awards for personal injury matters as well as in the overall numbers of claimants.
This situation must be highly attractive for international insurers or indemnifiers exploring the Irish Insurance Market, which remains an expensive market for policyholders across most categories.
If you would like to know more about how we can assist with your claims in Ireland, please get in touch.
Mary Byrne, Partner, Keoghs Ireland LLP
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