If you have suffered an injury that was not your fault, one of the first questions you are likely to ask is how much your claim might be worth. The answer is shaped by the Personal Injuries Guidelines, a document drawn up by the judiciary that sets out the range of compensation for different categories of injury. A new piece of legislation, the Judicial Council (Amendment) Bill 2026, proposes to change how those Guidelines are reviewed and updated in the years ahead.
The Bill is still working its way through the legislative process, so nothing has changed yet. It is our view, here at McCarthy + Co Solicitors LLP, that anyone who has been injured, or who may need to bring a claim in the coming years, should understand where this reform is heading. This guide explains what the Bill proposes, why it has been brought forward, and what it could mean for you.
What the Personal Injuries Guidelines do
The Personal Injuries Guidelines were introduced in 2021 and replaced the older Book of Quantum. They tell judges, and the Injuries Resolution Board, what level of general damages is appropriate for a given injury, from a minor soft-tissue strain to a catastrophic, life-changing injury. General damages compensate for pain, suffering, and loss of amenity, and are separate from special damages, which cover measurable financial losses such as lost earnings and medical expenses.
The Guidelines were designed to bring greater consistency and predictability to awards. They carry real legal weight, because a court that departs from them must state its reasons for doing so. Essentially, they set the framework within which almost every personal injury claim in the State is now valued.
Why the Government has brought forward this Bill
To understand the Bill, it helps to understand the recent history. Under the Judicial Council Act 2019, the Guidelines were to be reviewed every three years. Following that first review, in February 2025, the Judicial Council proposed revised Guidelines that would have increased awards across the board by 16.7%, broadly in line with inflation.
The proposed increase was not adopted. As I noted when the 2025 update to the Personal Injuries Guidelines was being debated, the process had become more complicated following an important Supreme Court decision. In the Delaney judgment ([2024] IESC 10), the Supreme Court clarified that revised Guidelines must be approved by the Oireachtas before they take effect. When the Minister for Justice laid the proposed 16.7% increase before the Houses of the Oireachtas in September 2025, he chose not to bring forward a resolution seeking approval, and so the increase did not come into force.
That left a gap in the process. The General Scheme of the Judicial Council (Amendment) Bill 2026, published by Minister Jim O’Callaghan on 20 January 2026, is the Government’s response. Its stated aim is to make the process for adopting the Guidelines, in the Minister’s words, “more transparent and comprehensive”.
What the Bill actually proposes
The Bill amends the Judicial Council Act 2019 in several important ways. The main changes for personal injury claimants are as follows.
- A longer review cycle. The period between reviews of the Guidelines would increase from three years to five years, with the clock starting from the date on which new Guidelines are adopted. In practice, this means the compensation framework would be revisited less frequently.
- A reconsideration mechanism. The Bill provides a formal route for the Judicial Council to reconsider revised Guidelines if the Oireachtas declines to approve those put before it. This is intended to prevent the kind of stalemate that followed the 2025 proposal.
- Mandatory consultation. The Judicial Council would be required to consult the Injuries Resolution Board, and other stakeholders, when reviewing the Guidelines.
- A stronger evidence base. The Personal Injuries Guidelines Committee would have to conduct and publish research on the level of damages awarded, including awards made by courts and quasi-judicial bodies outside the State, so that Irish awards can be compared with other jurisdictions.
- Regard to Injuries Resolution Board data. Because there are relatively few court judgments in some injury categories, the Committee would also have to take account of the damages assessed and mediated by the Injuries Resolution Board, giving a much larger pool of data to work from.
The Bill is not confined to personal injuries. It also contains provisions on sentencing guidelines, including a power for the Minister to ask the Judicial Council to prepare sentencing guidelines for a particular category of offence within a set timeframe, together with technical amendments required by the Delaney judgment. A further provision would classify future Secretaries of the Judicial Council as civil servants rather than public servants.
What it could mean for you as a claimant
It is important to be clear that this Bill does not, by itself, raise or lower the value of any claim. It changes the machinery for how the Guidelines are reviewed, not the figures in the current Guidelines. Those current figures remain in force in the meantime.
That said, the direction of travel matters. The reforms have been welcomed by Government colleagues in the context of insurance reform, and the emphasis throughout is on transparency, consistency, and comparison with awards in other jurisdictions, particularly the higher awards that Ireland has historically paid for more minor injuries. The Law Society Gazette has reported that Irish awards for minor injuries remain higher than those in Britain. A longer, five-year review cycle also means that once a set of figures is adopted, it is likely to govern claims for a longer period before it is next revisited.
For anyone considering a claim, the takeaways are straightforward:
- The Guidelines currently in force are what will be applied to your claim today, and they remain unchanged by this Bill.
- The two-year limitation period for most personal injury claims is unaffected, so it remains essential to take advice promptly.
- Because the framework for valuing claims continues to evolve, an experienced solicitor’s assessment of what your particular injury is worth is more valuable than ever.
Where the Bill stands now
At the time of writing, the Judicial Council (Amendment) Bill 2026 has been published only in general scheme form. It underwent pre-legislative scrutiny before the Joint Committee on Justice, Home Affairs and Migration in early 2026, and it must complete the full Oireachtas process before becoming law. Some of the sentencing provisions have already attracted debate, so the detail may yet change as the Bill is finalised. We will continue to monitor its progress and provide further updates as matters develop.
Speak to our personal injury team
Understanding how much a claim is worth, and how changing rules may affect it, is rarely straightforward. At McCarthy + Co Solicitors LLP, we have decades of experience valuing and pursuing personal injury claims across road traffic, workplace, and public liability cases, and we keep a close eye on reforms like this one so that our clients do not have to.
If you have been injured and want to understand where you stand, our personal injury team is here to help. Arrange a no-obligation consultation with a solicitor today by completing our confidential online form.
0 Comments