The Book of Quantum 2016
M A R K R O D G E RS
B A R R I S T E R AT L AW
L AW L I B R A RY, D U B L I N
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
Three ranges of severity
1.
Head
1. Substantially recovered
2.
Arms
2. Significant ongoing
3.
Neck, back and trunk
3. Serious and permanent conditions
4.
Legs
MARK RODGERS BL
The need for the 2016 update
 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Book is: “hopelessly out of date” and “of little assistance”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.”
MARK RODGERS BL
2004 version had become
obsolete…
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
New categories of injury and ranges of severity…
Six categories of injury
Four ranges of severity
1.
Head
1.
Minor
2.
Neck
2.
Moderate
3.
Back and Spinal
3.
Moderately Severe
4.
Upper Limbs
4.
Severe and Permanent Condition
5.
Lower Limbs
6.
Body and Internal Organs
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
WHIPLASH – 2004
WHIPLASH - 2016
 Substantially recovered
within 12 months (up to
€14,400)
 Minor with substantial
recovery (up to €15,700)
Within 24 months (€11,500
to €17,400)
Serious and permanent
(€59,400 to €78,400)
 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)
 First two minor categories
(up to €14,800 and €18,400)
 More severe (€18,300 to
€69,700)
 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
“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