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Time for the Legislature to rectify the indexation problems in the PPO legislation


Posted in [Blog] on Wednesday, April 27th, 2022

Marian Fogarty of Cantillons Solicitors contributes to RTE’s report calling on the Legislature to rectify the indexation problems in the PPO legislation – you can hear and read the report here: https://www.rte.ie/news/ireland/2022/0418/1292937-payments/

Note: a Periodic Payment Order (PPO) provides financial security to a Plaintiff and is designed to meet the care and other needs of a catastrophically injured Plaintiff over the course of their lifetime.  It is a full and final settlement similar to a lump sum, the only difference being the PPO is paid out periodically. The current PPO legislation is set out in Section 2 of the Civil Liability (Amendment) Act 2017 and was commenced on October 1, 2018.

However, in the case of Hegarty v HSE – where Cantillons solicitors acted for the Plaintiff – the High Court in November 2019, noted the Plaintiff’s experts’ evidence was unanimous that the indexation chosen (HICP) by the Legislature in the PPO legislation will as a matter of probability, not meet the future care needs of catastrophically injured persons.  Therefore, the Court (charged with protecting the best interests of the Plaintiff), could not approve of a PPO in its current legislative form.  As a result, vulnerable catastrophically injured Plaintiffs are being deprived of the choice of electing for a PPO (which is meant to provide more certainty and less risk than a lump sum payment) for as long as the deficits in the PPO legislation remain.

Contact us at Cantillons Solicitors at +353 (0)21 -4275673 or info@cantillons.com if you would like more information.

* In contentious business, a solicitor may not calculate fees or other charges as a percentage of any award or settlement

Marian Fogarty

Associate

Experience

Marian practises in clinical negligence cases with a particular focus on delayed diagnosis of cancer claims, fatal injury, plastic surgery, general surgery, obstetric injury, catastrophic injury and ENT claims, to name a few.  Her experience in these areas of law ranges from mid value cases to complex and high value claims.  She provides advice to clients in relation to issues arising under the Data Protection Acts/GDPR, limitation issues and has experience of litigating before the High Court, Court of Civil Appeal and Supreme Court.    She is a CEDR accredited mediator and represents clients in the mediation of clinical negligence claims.

Qualifications/Associations

  • Bachelor of Business Studies and French, University of Limerick
  • Admitted to the Roll of Solicitors (2009)
  • Advocacy and Employment Law Skills Certificate, Law Society of Ireland
  • CEDR Certificate in Advanced Negotiation Skills
  • CEDR Accredited Mediator
  • Diploma in Professional Regulation, NUI
  • Certificate in Data Protection Practice, Law Society of Ireland

Memberships

Law Society of Ireland, AVMA, Southern Law Association, DSBA and CEDR Exchange

 

 

Related Experts

Ernest J. Cantillon

Managing Partner

Marian Fogarty

Associate

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