Mark Rodgers Barrister at Law Law Library, Dublin The Book of Quantum 2016 Mark Rodgers Barrister at Law Law Library, Dublin Mark Rodgers BL

Section 22 of the Civil Liability and Courts Act 2004 Duty to have regard to Book of Quantum: “The court shall, in assessing damages in a personal injuries action, have regard to the Book of Quantum.” However not an exhaustive reference point: “[Nothing] to prohibit a court from having regard to matters other than the Book of Quantum when assessing damages in a personal injuries action.” Mark Rodgers BL

2004 Book Four categories of injury Head Arms Neck, back and trunk Legs Three ranges of severity Substantially recovered Significant ongoing Serious and permanent conditions Mark Rodgers BL

The need for the 2016 update 2004 version had become obsolete… Omatayo v Griffin [2016] IEHC 482 Book is: “hopelessly out of date” and “of little assistance” McGarry v McGarry [2015] IEHC 426 “the Book has not been updated since it was first published in 2004” “This is an unacceptable state of affairs and is to be deprecated.” 2004 version had become obsolete… Mark Rodgers BL

The 2016 Book – what data? Consultants behind new Book examined representative samples from over 51,000 closed personal injuries claims from 2013 and 2014 based on: actual figures from Court cases, insurance company settlements, State Claims Agency cases and Personal Injuries Assessment Board (PIAB) data. Mark Rodgers BL

2016 Book Six categories of injury Head Neck Back and Spinal New categories of injury and ranges of severity… Six categories of injury Head Neck Back and Spinal Upper Limbs Lower Limbs Body and Internal Organs Four ranges of severity Minor Moderate Moderately Severe Severe and Permanent Condition Mark Rodgers BL

Some injuries still missing Psychological injuries still not covered Scarring injuries not covered (Green v Hardiman [2017] IEHC 17) Mark Rodgers BL

Changes in awards – Whiplash Substantially recovered within 12 months (up to €14,400) Within 24 months (€11,500 to €17,400) Serious and permanent (€59,400 to €78,400) Minor with substantial recovery (up to €15,700) More serious minor injury (up to €19,400) Severe and permanent (€44,600 to €77,900) Mark Rodgers BL

Changes in awards – Back Injury Back injuries - 2004 Back injuries - 2016 First two categories (€16,300 and €11,700 to €19,600) More severe (€18,300 to €69,700) First two minor categories (up to €14,800 and €18,400) More severe (€52,300 to €92,000) Mark Rodgers BL

Some new awards added… 1. Eye injuries Previously under fractures to the cheek (€16,500 to €25,400) Now a sub-category of head injuries (transient or minor up to €9,800; total loss of sight in one eye up to €138,000) 2. Food poisoning Minor to moderate (up to €14,500) Severe and permanent (€23,700 to €40,300) Mark Rodgers BL

Attitudes to new Book …… “I do have a certain difficulty with the new Book of Quantum in that on its face, the information going into its make up comes not just from court awards or PIAB determinations but also to a significant extent from insurance company files. …… The difficulty is that those files will, as a matter of virtual certainty, include cases which are compromised due to possible liability factors.” - O’Sullivan v Depuy International Ltd [2016] IEHC 684, per Cross J. Mark Rodgers BL

- O’Sullivan v Depuy International Ltd [2016] IEHC 684 “If an insurance company has put a value of say €50,000 on a settlement and the files indicates that that case was settled on a 50/50 basis, the insurance company may value the full claim at €100,000. The plaintiff, however, might value the claim at a far greater sum but are concerned that they had a very small chance of success. The reverse is also, of course, possible.” “It is not clear what the portion of the Book of  Quantum's figures are in relation to insurance company files but on the face of it, a significant cause to doubt the accuracy of the recent book does present itself.” - O’Sullivan v Depuy International Ltd [2016] IEHC 684 Mark Rodgers BL

Attitudes to new Book [I]t is this Court's view that it is important that this Court does have regard to the  Book of  Quantum 2016 [….] This is because, if this Court does not do so it would mean there would be less certainty regarding likely outcomes in personal injury cases before this Court.” “This uncertainty lessens the likelihood of personal injury cases being resolved without the need for court hearings [….] This uncertainty leads to unnecessary litigation, which leads to unnecessary and significant costs for defendants and critically also significant costs and risks for plaintiffs seeking damages for their injuries.” - Boland v Reardens of Washington Street Ltd [2016] IEHC 586, per Twomey J. Mark Rodgers BL

Limitations of Book Still not suitable for complex cases Walsh v Tesco Ireland Ltd [2017] IECA 64: “However, as in many of the more complex personal injuries cases, the Book of Quantum is only of limited value in a complex case of this kind. This is particularly so where a plaintiff sustains injuries which fall into a number of categories.” Mark Rodgers BL

Future Developments? More frequent updates Publishing judicial guidelines such as in UK? Publication of actuarial or discount tables under sections 23 and 24 of 2004 Civil Liability and Courts Act 2004 Possibly distinguish between categories of plaintiff (eg child or adult?) Mark Rodgers BL

Concluding thoughts Useful as a guide only Not suitable in every case Shouldn’t be expected to be fully comprehensive However, the more it is developed, the more it can be used The more it covers, the more it can be used Mark Rodgers BL

Questions? Thank you! Mark Rodgers BL