Law « Thurles Information

Personal Injuries Awards Dropped 42% Between April & December 2021.

Awards for personal injuries dropped 42% year-on-year between April and December 2021.
Average general damages awards fell from €21,850 to €11,583.
Consumer must benefit from these savings through reduced insurance costs, Minister states.
Minister will continue to monitor impact of guidelines to ensure they are effective.

The Minister for Justice, Mrs Helen McEntee TD has welcomed the publication of the second Personal Injuries Award Values report by the Personal Injuries Assessment Board (PIAB).

Minister McEntee said: “The PIAB guidelines have had a clear and significant cost saving impact since their introduction, with awards for personal injuries dropping 42% on average year on year between April and December of 2021.
What’s important now is that the consumer feels the benefit of these savings through reduced insurance costs.
My Department will continue to assess the impact of the guidelines to ensure that they are having the desired effect.”

The report shows that the overall average general damages amount for the period of April to December 2021 was €11,583. This represents a drop of 47% on average pre-guidelines general damages of €21,850 in 2020.

The latest drop follows an average reduction of 46% in the last period (April to September 2021).

The PIAB Personal Injuries Award Values report for April – December 2021 is available HERE.

The new Personal Injuries Guidelines came into effect in April 2021 after Minister McEntee secured Cabinet approval in March to amend the Judicial Council Act 2019 and the Personal Injuries Assessment Board Act 2003.

Cashel, Co. Tipperary Man Accused Of Involvement In 2016 Dublin Murder.

On yesterday afternoon, a Cashel, Co. Tipperary male resident was charged before the Special Criminal Court, with helping a criminal gang to murder one Mr Christopher (Known as Noel ‘Duck Egg’) Kirwan.
Latter named, and father-of-four, was shot six times, resulting in his death, as he sat in his car, on December 22nd, 2016, at St. Ronan’s Drive, Clondalkin, Dublin 22.

The accused male, named as Mr Michael Crotty, aged 40, holding an address at Slí Aonghusa, Aras na Rí, Cashel, Co. Tipperary, was charged under Section 72 of the Criminal justice Act, with involvement/participation in the murder, between October 20th, 2016 and December 22nd, 2016.

Mr Michael Crotty had been charged at 7:00am on Monday morning in the precincts of the court, before being served with the ‘Book of Evidence’.

Mr Crotty’s Defence solicitor sought a six-week adjournment in the case, which was granted by presiding judge Mr Justice Alex Owens, latter sitting with Judge Martin Nolan and Judge Frank Griffin.

Mr Justice Owens further remanded Mr Crotty in custody; adjourning the case to May 23rd next.

Proceeds Of Crime Fund Open For Applications.

Proceeds of crime fund to support community projects, opened for applications by Minister McEntee.

Money seized from proceeds of crime to be used to support investment in communities.
Community Safety Innovation Fund will have initial allocation of €2million.
Call for applications for innovative ways to improve community safety.

The Minister for Justice, Mrs Helen McEntee TD, has today opened applications for a new fund, which will see the proceeds of crime re-invested in local projects to improve community safety.

Reflecting the success of An Garda Síochána and the Criminal Assets Bureau in seizing proceeds from criminal activity, the new fund will use money seized from the proceeds of crime to support investment in community safety projects.

The Community Safety Innovation Fund, which is expected to grow in the coming years, will have an initial outlay of €2m for this year.

It is anticipated that the kind of projects which may be supported will include activities intended to:

tackle crime or reduce the fear of crime; improve community safety and feelings of safety.
support the creation of safe and resilient communities;
reduce reoffending.
divert vulnerable individuals away from engagement in criminal behaviour.

The Minister has stated:
“An Garda Síochána and the Criminal Assets Bureau have achieved significant success in seizing the ill-gotten gains of criminal gangs who seek to inflict misery on so many communities.
This new fund will ensure that the success of An Garda Síochána and CAB is reflected in new investments in our communities, and on projects which will build strong and safe communities.
Community Safety is about people being safe and, just as importantly, feeling safe within their communities. This, of course, goes beyond policing alone.
This fund will ensure that the best proposals get the funding they need, and it will encourage the development of innovative ways in which to improve community safety from those people who understand local needs best.
For example, the new fund could help communities improve public spaces, or fund local sporting or arts facilities.”

The Fund is open to bodies involved in community safety and will support them in addressing local needs and opportunities for innovation not provided for in other funds managed by Departments and agencies. The call for applications for the Fund runs from April 6th until June 8th 2022 and grants will range from €20,000 to €150,000.

The development of innovative ideas will also allow best practice on community safety and youth justice to be shared with other partnerships and communities nationally as new proposals are developed.

This launch fulfils a commitment in Justice Plan 2022, to seek applications for community safety projects and similar initiatives from bodies involved in community safety.

Completed Application Forms are to be returned by 5:00pm on June 8th 2022 to CommunitySafetyInnovationFund@justice.ie.

For more information visit https://www.justice.ie/en/JELR/Pages/CSI-Fund-2022.

Legal Practitioners Disciplinary Tribunal Launched.

Minister of State at the Department of Justice, Mr James Browne TD, this morning launched the new Legal Practitioners Disciplinary Tribunal (LPDT) at the National Gallery, in Dublin.

The LPDT was established under Section 74 of the Legal Services Regulation Act 2015 and its role is to consider complaints of misconduct against solicitors and barristers referred to it from the Legal Services Regulatory Authority’s (LSRA) Complaints Committee or the Law Society of Ireland.
It is a successor body to the Solicitors Disciplinary Tribunal and the Barristers Professional Conduct Tribunal.

Minister Browne joined Chairperson of the Tribunal Tom Coughlan and President of the High Court Mary Irvine at the launch.

Following the event, Minister James Browne stated,
“Today is very significant for the legal profession in Ireland. The Legal Practitioners Disciplinary Tribunal have a crucial role to play in supporting the proper and effective administration of justice and in ensuring that our legal system is independent, strong and effective.
I am delighted to attend this morning’s launch and I look forward to working closely with bodies such as the Tribunal so that we can continue to deliver further improvements and innovations in the Justice sector, as set out in the Justice Plan 2022.”

The commencement of the LPDT’s operations was initially delayed due to the Covid-19 pandemic, but it was brought into effect in November 2020 when President of the High Court Mary Irvine appointed the Tribunal’s 33 members.
The majority of members are non-legal professionals, along with solicitor and barrister members. Under the Legal Services Regulation Act 2015, the Tribunal must be comprised of at least 40% men and at least 40% women.

Thurles Resident Charged With 2017 Murder In Skibbereen, Co Cork

A 42-year-old Thurles man has appeared at Bandon District Court, charged in connection with the murder of an English national, at his home in west Cork, some four and a half years ago.

Mr Jonathan Ustic, a 51-year-old from Cornwall, was located dead having sustained serious injuries, following an assault at his rented terraced house on High Street in Skibbereen, Co Cork, on September 24th, 2017 last. The father of one, Mr Ustic, had moved to Ireland back in 2005 and had previously lived in Drimoleague and Bantry, Co Cork and in Co Tipperary, having moved from the UK.

Andrew Nash, of Parnell Street in Thurles, Co Tipperary was brought before a special sitting of Bandon District Court today, where he was formally charged with the murder of Mr Ustic.

Detective Sergeant Kevin Long gave evidence of arrest charge and caution of Mr Nash. Gardaí are understood to have arrested Mr Nash this morning at 8:05am in Parnell Street, Thurles, before he was removed to Bandon Garda station for questioning.

Detective Sergeant Long informed the court that he charged Mr Nash with one count of the murder of Mr Ustic at 11:32am today adding that Mr Nash had made no reply when the charge was put to him under caution.

The Director of Public Prosecutions (DPP) has directed that the accused be sent for trial by indictment at the Central Criminal Court in Dublin.

No application was made for bail at the hearing, however the Defence barrister Mr Peter O’Flynn, for Mr Nash said his client was reserving the right to apply for bail in the High Court.

Mr Justice Roberts assigned free legal aid in the case before remanding Mr Nash in custody to appear before Bandon District Court on Thursday April 7th next.

Father of one Mr Ustic had moved to Ireland in 2005 and had previously lived in Drimoleague and Bantry, Co Cork and in Co Tipperary following his relocation from the UK.