CKT

Shifts in Personal Injury Awards: The 2023 Annual Report of the Courts Service

The Irish Courts Service has issued its annual report for 2023, and one notable finding is the decline in the number of personal injury claims issued compared to previous years. In this article, Barry Kelleher, Senior Associate CKT and Aisling Fitzsimons, Trainee CKT analyse the report, it’s outcomes and future outlook for the Irish personal injury landscape.

Court Service and Personal Injury Claims Trends

The Courts Service Annual Report for 2023 highlights that a total of 13,434 new personal injury cases were filed last year.

Of these:

4,538 were in the High Court

7,495 in the Circuit Court

1,401 in the District Court

This represents an increase from 2022 of 7.8%, which saw 12,459 new cases. However, these figures still reflect a significant decline compared to 2019, when 21,981 cases were recorded. Overall, 2023 saw 39% fewer new personal injury cases than in 2019, marking a considerable shift in the volume of claims over recent years. A major contributor to these figures is the introduction of the Judicial Guidelines in 2021.  This has had a significant impact on the Irish Courts Service by reducing the number of personal injury cases progressing to litigation.

The PIRB Effect

The recent findings of the Court Service mirror trends seen in recent reports from the Personal Injuries Resolution Board (PIRB), previously known as the Personal Injuries Assessment Board (PIAB), as announced at their May 2024 Conference on Trends in Personal Injury Compensation.

The number of claims processed by PIRB has fallen from 34,056 in 2016 to just 20,263 in the latest PIRB findings for 2023—an extraordinary reduction in just seven years.

Recent trends indicate a significant decline in average award values, aligning with the data presented at the 2024 Injuries Resolution Board Conference. According to PIRB figures, the average PIRB award in 2023 stood at €18,537, reflecting a 23% decrease compared to the 2020 average, which was assessed under the previous Book of Quantum guidelines.

Similarly, the median award in 2023 dropped to €11,650, marking a 37% reduction from the 2020 median. These figures underscore a substantial shift in the landscape of personal injury claims in Ireland over recent years.

Rising Consent and Acceptance Rates

One of the most notable trends is the significant increase in the consent rate for PIRB awards. The 2023 report reveals a 71% consent rate, a sharp rise from 60% in 2021, representing the highest rate ever recorded. This surge in consent has contributed to a noticeable decline in cases progressing to the Irish court system, as more respondents now consent to PIRB’s assessments without seeking the Court’s input.

Further supporting this shift, the PIRB acceptance rate has also increased, moving from 44% in 2021 to 48% in 2023.

Future Outlook

Following the Supreme Court’s ruling in Delaney v. Personal Injuries Assessment Board, the consent and acceptance rates of PIRB assessments are likely to continue to rise, as the Personal Injury Guidelines introduced in recent years appear to be now firmly established.

With fewer cases heading to the Courts and more claimants opting for early resolution through PIRB, the Irish personal injury landscape is undergoing a profound transformation, which we will continue to see the effects of in years to come.