The Criminal Justice (Perjury and Related Offences) Act has been signed into law by the president. This act will see individuals who are proven to have misinformed the courts or exaggerated losses, injuries, or damages facing the prospect of prosecution.
With maximum sentences of 10 years in prison and fines of up to €100,000, these measures should act as a deterrent to individuals to get involved in future fraudulent or inflated claims and an excellent tool for the judiciary to use against individuals involved in fraudulent or inflated claims.
Individuals such as claimants, legal professionals and other expert witnesses need to consider implications of getting involved with fraudulent or inflated claims. For the insurance industry, it is a welcome piece of legislation to help in the fight against the claims culture slipping into Irish society and also to tackle insurance fraud.
The new personal injury claim guidelines is facing its first test
The recent adoption of the Personal Injury Guidelines by the Judicial Council is to face a number of test cases in the coming months. To date, two cases have been filed in the High Court in which declarations are sought that sections of the Judicial Council Act are unconstitutional, with another case seeking similar declarations expected shortly.
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