Ms Justice Mary Irvine has called once again for the introduction of periodic compensation payments in Ireland for cases of catastrophic injury – claiming that important cases cannot be held up any longer while the courts wait for the Government to introduce legislation.
The High Court judge said that a working group had recommended 3 and a half years ago that the legislation be introduced, but nothing had been done and there was no indication that any legislation was forthcoming.
Back in July, the judge stated at the end of a case surrounding nine-year-old Ian Cusack that “we are not protecting the welfare of the young and most vulnerable in society” when approving a 5.5 million Euro lump sum settlement and said that “barring a miracle” it was very difficult to assess the anticipated life expectancy of a claimant.
Ms Justice Irvine noted that if the life expectancy of a claimant was wrongly estimated, one of two things could happen. Either the injured victim could run out of money to provide the care they need or, as happened recently, a victim could die within a couple of months of an award being made – with their family being the recipient of a large windfall at the expense of the State.
The judge´s comments on this occasion were made when a case was brought before her at the High Court which had been adjourned in 2010 in anticipation that legislation for periodic payments in Ireland would be introduced. She said that she would not adjourn the case for another year as the Government had not brought forward legislation and there was no guarantee it was going to be forthcoming.
“I am not going to extend the hardship any further” said the judge, noting that the delay in the resolution of the case was leading to substantial suffering and making it very difficult for those involved. Ms Justice Mary Irvine added that her view was shared by Mr Justice Nicholas Kearns – President of the High Court.