Why general damages for minor injuries must be dramatically reduced

 

Why General Damages For Minor Injuries Must Be Dramatically Reduced

 

One of the four reforms we have asked the political parties to endorse is to “Reduce unfair general damages to reflect international norms and the principles already established by the higher courts – including that ‘minor injuries attract modest damages’”

This is because insurance premiums in Ireland are way too high, claims costs accounted for 75% of motor insurance premiums over the last 10 years; and the primary component of claims costs is compensation payments (the other is legal fees). So clearly any initiative to reduce insurance premiums must address compensation payments.

In terms of reform, the focus is on the minor, fully-recovered soft tissue injuries that account for over 80% of personal injury claims in Ireland.  According to the landmark reports of the Personal Injuries Commission, these are 4.4 times higher than in England and Wales, which are outliers for the rest of Europe, where even less is paid.

One example to illustrate this would be a person who suffers a bruised thumb due to the negligence of someone else. No ligament damage, no broken bone, just bruising. So they take 2 paracetamol and after a few days of swelling and discomfort, they’re fine again. If they choose to sue and just take their case to the Personal Injuries Assessment Board, the first port of call for all negligence claims, they are in the frame for up to €21,200.

Damages are intended to provide restitution – to restore the injured person to his or her pre-accident state (in so far as money can do). But general damages at that level go much further and act as a punishment for defendants and a reward being injured. As they currently stand, they bring the entire system of compensation for negligence cases into disrepute and need to be re-balanced in a way that is fair, just, reasonable and proportionate as outlined by Court of Appeal judgements and the principles established by the higher courts in recent years.

For ‘constitutional reasons’ the last Government’s chosen route for sorting this issue is via the newly-established Judicial Council, a council of all the judges in Ireland, which  in turn is set to establish a Personal Injuries Guidelines Committee (PIGC) which is scheduled to produce a set of draft personal injury guidelines this November.

We do have concerns that this process will merely implement small-scale reductions and give the impression that the issue has been addressed; whereas nothing short of a very substantial reductions in the rewards for minor injuries is necessary in order to sort this problem. But we trust that the PIGC will take account of the common good and the impact damages are having on Irish society in their deliberations.

Finally, it should be noted that the Alliance’s issue is with general damages for minor injuries. We have no issue whatsoever with special damages that compensate for loss of earnings or medical costs.

NOTE: If you want references for any of the data we have used in this blog, please contact us at contact@insurancereform.ie

Insurance Reform Posters available at the CBA Office

Posters are available in A3 and A2 at the CBA office, 5 South Mall, if you want to put them up. There is a PDF version available on request.

poster alliance insurance reform

 

The Alliance for Insurance Reform has welcomed the publication by ISME of a 'Fair Book of Quantum' which explores what general damages might look like following the review currently being carried out by the Personal Injuries Guidelines Committee (PIGC) of the Judicial Council.

Peter Boland, Director of the Alliance said “We welcome this publication by ISME as a way of prompting reasoned debate on this critical issue.  Insurance premiums in Ireland are too high. They are costing jobs, closing SMEs, damaging charities, sport and cultural organisations and community groups; they are shrinking Irish society.

“According to the Central Bank, the cost of claims accounted for 75% of motor insurance premiums over the last 10 years. So clearly any initiative to reduce insurance premiums must address the cost of claims among other things. The primary element of claims is compensation payments and according to the landmark reports of the Personal Injuries Commission, these are 4.4 times higher than in England and Wales for the minor soft-tissue injuries that account for over 80% of personal injury claims in Ireland.

“As it stands, not only do general damages for minor injuries act as a punishment for defendants in negligence cases but they reward being injured. As they currently stand, they bring the entire system of compensation for negligence cases into disrepute and need to be re-balanced in a way that is fair, just, reasonable and proportionate as outlined by Court of Appeal judgements and the principles established by the higher courts in recent years.

“We have a serious concern that the current review process will merely implement small-scale reductions and give the impression that the issue has been addressed whereas nothing short of a very substantial reductions in the rewards for minor injuries is necessary in order to address this issue.

“Finally, it should be noted that the Alliance’s issue is with general damages for minor injuries. We have no issue whatsoever with special damages that compensate for loss of earnings or medical costs. The specific reform we have asked political parties to endorse in the general election campaign is:

  1. Reduce unfair general damages to reflect international norms and the principles already established by the higher courts - including that ‘minor injuries attract modest damages’

The other three reforms we urgently need are:

  1. Review and re-balance the ‘common duty of care’ to require occupiers to take a duty of care that is reasonable, practical and proportionate
  2. Support a fully-resourced Garda Insurance Fraud Unit
  3. Insist on insurers committing to a schedule of forecast reductions for planned reforms”

contact@insurancereform.ie

Chefs of Cork Come Together for the President’s Dinner

Some of the finest Chefs of Cork are joining forces to create a culinary feast on the night of the Cork Business Association President’s Dinner, which will be held on February 22nd in Cork’s Vienna Woods Hotel. The President’s Dinner will be the host of the prestigious Cork Business Association Awards which are still taking entries! 

 

The President's Dinner will be a Culinary Experience!

The Cork Business Association has gathered some of Cork’s best chefs to create a fabulous dinner that will offer Cork foodies an exceptional culinary experience. We are moving away from over complicating dishes and towards daring and delicate combinations of high quality  ingredients. The Chefs of Cork will present dishes that not only showcase their creativity but also use the best local produce that can be found in and around Cork. 

 

Cork has always been known for its foodie accolades, especially most recently, having been listed in Eater.com’s top 19 places in the world to travel to for its culinary delights. Cork’s chefs across the Rebel County are ensuring that Cork is a food lovers heaven. New restaurants and cafés are popping up all over town; with new international flavours and different diets no longer being a problem but a celebration of diversity and an opportunity to show that everything is possible when it comes to good food.

 

Who's involved?

The Chefs of Cork are Martin O’Mahony of Cork International Hotel, Stuart Dardis of The Metropole Hotel, Trevor O’Keeffe of Cork Airport Hotel, Niall Mooney of the Maldron Hotel, South Mall, Peter Hennessy of Carrigaline Court Hotel, Fern Allen of Ballymaloe House and Adrian Hillgrove of Corks Vienna Woods Hotel.

 

This black-tie /gala event will bring Cork City’s highest echelons of business together and present the Business of the Year Awards in thirteen different categories ranging from Corks Best Pub, to Cork Best Professional Services and many more. The main sponsors of the night are AIB, JCB and Irish Examiner. Entries are still open so give yourself the 2020 start your business deserves and enter!

 

Buy tickets online!

Tickets for the night are available online on  www.peoplesrepublicofcork.com or contact info@corkbusiness.ie. Entries for the awards can be accepted through the website www.corkbusiness.ie

 

 

 

 

 

Cork City Retailers become Sensory Shopping Friendly

The Cork Business Association is delighted to that many of Cork City's retailers will now provide one hour of Sensory Shopping every week. This will be the first hour of trade on Sundays.

A Sensory Shopping Friendly Environment means that the stores involved will not play music, the lights will be safely dimmed, no tills are ringing and shelves will not be packed during this hour. 

 

Participating Shops

Debenhams, Brown Thomas, Merchants Quay Shopping Centre, Penneys, Vibes & Scribes, Fitzgeralds Menswear, Casey’s Furniture, Diana O'Mahony Jewellers. Participating stores on Opera Lane are H&M, Topshop, Skechers and SpecSavers. Marks & Spencer, who has led the way in providing a Sensory Shopping Friendly Hour will now be joined by these and we hope many more businesses in the coming weeks.

 

Commenting Lawrence Owens Chief Executive of the Cork Business Association said:
“We are delighted to support this practical and worthwhile initiative. The response from businesses has been really positive and our objective is to grow and expand the provision of Sensory Shopping Friendly throughout the city."

Commenting Ray O'Callaghan, General Manager of Marks & Spencer’s said:
“This has become a very important hour for some of our customers. Some of them never shop anywhere else but here, during the Sensory Shopping Friendly Hour. This is the right thing to do.”

 

Not only for people with autism

Many people are sensory sensitive such as those with Autism, Alzheimer’s, Down Syndrome. But a Sensory Friendly Shopping Environment can also be very pleasant for the elderly or those who suffer from mental health issues and many more.

The Cork Business Association believes this is a great step towards making Cork City more family-friendly and more inclusive. It extends the Customer Service Charter. Because now not only do we strive to provide the best customer service, but also a more pleasant shopping experience for all people who visit and shop in Cork.

CBA Welcomes the Announcement that there will be Additional Gardaí allocated to the city for the Christmas period

Cork city has been allocated 32 Probationer Gardaí to assist in policing during the busy Christmas period.

 

 

The Cork Business Association welcomes the announcement that there will be additional Gardaí on the streets of Cork during the busy Christmas and Ney Year periods. The CBA has been lobbying on behalf of its members for this development for some considerable time. The fact that we will now have a demonstrably visible Gardaí presence on the cities streets will be of great comfort to both the business community and the general public. Whilst we note that these numbers are specifically for the Christmas period. Another positive development is that from January 2, 2020, eight of these probationers will be permanently allocated to Anglesea Street and Mayfield Garda Stations.

Speaking at Anglesea Street Garda Station today, Chief Superintendent Barry McPolin said:

"I am delighted to welcome the 32 Probationer Gardaí who have been temporarily assigned to assist in our Christmas management plan this year.

"I am also delighted that eight of these probationers will then be permanently allocated to Anglesea Street and Mayfield Garda Station.

"The 32 probationers will be deployed to assist our Gardaí in the city at keys times that have been identified by the Garda Analysis Services.

"Our aim is proving high viability policing to tackle thefts, drugs, public order incidents and to help the flow of traffic in the city."

The Chief Superintendent continued to add that additional checkpoints will be established over the Christmas season:

"The Probationer Gardaí will be in addition to the regular members that policing the city, as well as an additional one Sergeant and four Gardaí who will be patrolling the city centre.

"Members from our Roads Policing Unit will also be increasing checkpoints targeting drink and drug driving and other general road offences.

"The flow of traffic will increase in the city and I would ask that where possible, people avail of public transport and use the park and ride facility we have here in Cork.

"Have a plan in place if you are going out socialising and most importantly, have a safe and happy Christmas."

The additional Gardaí follows calls from many for Gardaí to have more of a visible presence on the street to deter acts of theft and violence.

 Source : EchoLive.ie
               @echolivecork

‘You are the Difference’ with Alf Dunbar spreads positivity!

The Cork Business Association would like to thank Joan Lucey, owner of Vibes & Scribes and member of the CBA Executive Board, Penneys store manager John McCarthy and Paul McGuirk, head of Local Enterprise Office Cork City for organising the superb customer service coaching event last wednesday in the Everyman Theatre.

The presentation was very informative, entertaining and inspirational. Cork business owners, managers and staff showed up in great numbers as the Everyman was nearly sold out. We have received nothing but positive feedback since!

This event was held in the context the Cork City Customer Service Charter and aims to build on Cork’s goal to become known as a city of excellent customer service.

Alf, who has successfully worked with businesses and organisations in 25 countries around the world, aims to inspire retail and hospitality managers and staff to become ‘best in class’ in their industry. He will also provide those attending with the tools to train their teams and deliver consistent excellent customer service using simple effective techniques

It is another big step towards making Cork City the best in Customer Service and the best place to enjoy shopping.

 

 

“You Are The Difference” 

Customer Service Charter Training Event in Cork City with leading

UK performance coach, Alf Dunbar Tickets Still Available.

The Local Enterprise Office Cork City, in association with Cork City Centre Forum,  is hosting a fantastic motivational event on the evening of 6th November that we thought you and your team might be interested in attending.

 

Alf Dunbar, one of the UK’s top performance coaches within the customer service and leadership industry, will deliver his ‘You Are The Difference’ coaching session in the Everyman on Wednesday 06th November from 6.30 pm – 8.30 pm. The event is being held as a follow on to the launch earlier this year of the Cork City Customer Service Charter and aims to build on Cork’s goal to become known as a city of excellent customer service.

 

Alf, who has successfully worked with businesses and organisations in 25 countries around the world, aims to inspire retail and hospitality managers and staff to become ‘best in class’ in their industry. He will also provide those attending with the tools to train their teams and deliver consistently excellent customer service using simple effective techniques.

 

Companies can bring up to 20 staff along to the event where they will engage in an interactive, educational, inspirational and motivational performance-enhancing session for just €30 per business.

 

The ticket price includes refreshments, a copy of Alf Dunbar’s book, and a download link to his training video that owners/managers can use to help train their staff.

 

To register and for more information see https://www.localenterprise.ie/CorkCity/Training-Events/Online-Bookings/-You-Are-The-Difference-An-evening-with-Alf-Dunbar.html

Venue: The Everyman, 15 MacCurtain Street, Cork.
Date: 06/11/2019
Time: 6.30pm - 8.30pm

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Cork Business of the Year Awards 2019 launched

Enter for free online by midnight 13th of January in any of the 13 exciting and diverse business categories and you could be celebrating at the President’s Dinner in Cork’s Vienna Woods on Saturday 22nd February 2020 with fellow stars of the Cork Business scene!

Entries now open for the CBA’s
Cork Business of the Year Awards 2019

New Digital award launched!

Cork Business Association (CBA) has launched their annual 'Cork Business of the Year Awards 2019’, in partnership with awards sponsor JCD, event partner AIB and media partner The Irish Examiner, to recognise the outstanding contribution of businesses and individuals working diligently across varied sectors of business in Cork City and its environs.

Your business could be set for stardom in February 2020, as entrants not only have the chance to win individual award categories but they could also be named the overall ‘Cork Business of the Year.’

The 13 award categories for 2019 include:

  • Best New Business in Cork, sponsored by LEO Cork City
    • Open to all businesses that have been founded or are new to Cork since 1st January 2017. Entrants will be asked to explain their business and to demonstrate how they have translated a great idea into a viable and successful business venture. They will also be asked to outline their plans for the future.

 

  • Best Cork Family Business, sponsored by Musgrave
    • Open to all family owned and run businesses in the greater Cork city area. Your business must be managed by family members and you must be able to demonstrate the involvement of at least two generations of family members who are working in the business.

 

  • Best Cork Hotel, sponsored by Kings Laundry
    • The Best Hotel award acknowledges excellence in service and accommodation. Entrants will demonstrate high class, flawless service in a comfortable, quality establishment, while both meeting and exceeding guest expectations, and how they have helped to promote Cork as a destination nationally and internationally.

 

  • Best Cork Restaurant, sponsored by The English Market
    • The best Restaurant award acknowledges excellence in quality, service, price and ambiance. Entrants will demonstrate high standards in food quality, cost, efficiency, customer service, imagination, attention to detail, marketing and how well the establishment functions as a business.

 

  • Best Cork Café, sponsored by The English Market
  • The best Café award will recognize excellence in customer service, business innovation, premises ambiance and atmosphere. Entrants will demonstrate high standards in food quality, cost, efficiency, imagination, attention to detail, marketing and how they have raised the profile of their business in this ever increasingly competitive sector.

 

  • Best Cork VFI Pub, sponsored by Vintners Federation Cork
    • The award for Best Cork Pub will be awarded to the pub that, in the opinion of the judges, demonstrates ‘best in class’ in the areas of innovation, creativity, ambiance, operational excellence and customer service.  Open to VFI Members only.

 

  • Best Cork Retail Business, sponsored by Cork City Council
    • The best Cork Retail Business will be awarded to the business that routinely strives for the highest standards across a number of key metrics such as customer service, value, visual merchandising, premises maintenance, marketing, and adaptability. High standards are particularly important given the very severe challenges currently facing Ireland’s retail industry. It is critical that the retail industry plays its part in consistently improving its offering to attract more customers, keep retail workers in jobs and simultaneously keep Cork city centre vibrant which in turn will re-engage citizens and customers alike.

 

  • Best Professional Services Business
    • This category is open to all businesses that provide a professional business service in the greater Cork city area. They include banking, legal, accounting, HR, recruitment, PR, marketing, architects, financial advisers, engineers, consultants, training providers, strategic advice etc. They can be any organisation or profession that offers customised, knowledge-based services to clients. Entrants must be able to explain what their professional business service is and demonstrate their commitment to customer service excellence within their particular service provided.

 

  • Best Tourism Art Event, sponsored by IHF Cork
    • This award is designed to recognise and reward an organisation, attraction, business or event that has excelled in tourism, contributing to growing tourist numbers and /or the visitor experience in Cork.

 

  • Best Cork Digital Business
  • This award will be presented to a company or organisation that can practically demonstrate how they have embraced the digital age and built their company around, or adapted their business strategy to adopt, a more future focused, digitally powered approach. This category is open to all businesses, regardless of their stage in the business life-cycle. 
  • Cork Business of the Year, medium category, sponsored by JCD and the Irish Examiner
    • This award honours and acknowledges a business that has contributed or promoted the enhancement of the commercial, cultural, or civic life in Cork city. This award is open to all medium sized businesses irrespective of Category.

 

  • Cork Business of the Year, large category, sponsored by JCD and the Irish Examiner
    • This award honours and acknowledges a business that has contributed or promoted the enhancement of the commercial, cultural, or civic life in Cork city. This award is open to all large businesses irrespective of Category. 

 

  • The Champion of Cork Award, sponsored by Cork Institute of Technology (CIT)
    • The Champion of Cork Award was created to praise, honour and recognise a Corkonian whom we believe has made a real difference to Cork and its people, be it through driving business, their contribution to the arts, their charitable work, their efforts in developing our city or their passion and drive for promoting all things Cork.

The Cork Business Association is celebrating 62 years in business this year, and the organisation’s Cork Business of the Year Awards are always a highlight for local businesses.

Speaking about the awards, Chief Executive of Cork Business Association Lawrence Owens said:

The Cork Business of the Year Awards have grown year on year and are certainly the highlight of Cork Business Association’s calendar. Through these awards, along with our sponsors and partners, the CBA annually seeks to recognise the hard work and good business acumen demonstrated by businesses in Cork.

Last year we recognised some highly notable achievements, with the Guinness Cork Jazz Festival being named the overall winner in the Large Category and McCarthy Insurance in the Medium Category.

We very much look forward to receiving this year’s submissions and would like to encourage all businesses located within the greater Cork city area to consider entering these prestigious awards.

The benefits of being part of the awards process are many, including association with the awards, public recognition for your hard work, plus marketing and networking opportunities. We would also like to sincerely thank all of our sponsors, in particular our awards sponsor JCD, event partner AIB, and media partner The Irish Examiner.

To enter the Cork Business of the Year Awards 2019, your business must be based in the greater

Cork city area or be a current member of the Cork Business Association.

Nominations are open now and entries for all award categories which are FREE to enter should be completed online at http://corkbusiness.ie/cba-cork-business-of-the-year-awards-2019/ following a simple 3 step process no later than midnight December 9th 2019.  An experienced panel of leading business executives will provide independent judging with shortlisting commencing in the New Year.

The awards ceremony, which is a favourite event on Cork's glittering social calendar, will take place at a Black Tie dinner in Cork’s Vienna Woods on Saturday 22nd February 2020.

Tickets are priced at €120 (plus booking fee) and are available to purchase online HERE or direct from the CBA office by calling (021) 427 8295. Tickets include a pre-dinner drinks reception, the Chefs of Cork 4 course dinner; wine, awards presentations, spot prizes and stellar live entertainment.

For more information on Cork Business Association and the 2019 Cork Business of the Year Awards including full detail of categories and how to enter see http://corkbusiness.ie/cba-cork-business-of-the-year-awards-2019/.

Bus Éireann introduce major enhancements in Cork 

Bus Éireann, in conjunction with the National Transport Authority (NTA) are introducing major enhancements in Cork with the introduction of a brand new Route 225 and an enhanced Route 216 service, from this Sunday, November 03rd.

Route 225
These enhancements will be of major benefit to those travelling to and from Cork Airport and for those living in the towns of Haulbowline, Ringaskiddy and Carrigaline in particular.
The new service will operate each day from 0400 until 0030, with the main benefits of the new service including:

Brand new route offering a high frequency service to and from Cork Airport

  • Up to 40 departures every day in each direction
  • Services operating every 30 minutes throughout the day
  • Increased connectivity between Carrigaline and Ringaskiddy
  • Ballygarvan added to the Public Transport Network
  • Low entry, fully accessible vehicles

The new Route 225 service, which is creating an additional 33 jobs in Cork will provide up to 40 departures every day connecting the towns of Haulbowline, Ringaskiddy and Carrigaline to Cork Airport.

Route 216
Bus Éireann, again in conjunction with the National Transport Authority, are pleased to also announce an enhanced bus service for our customers on Route 216 (Cork University Hospital – City Centre – Mount Oval) on the 03rd November. This enhanced network will see:

  • Extension of Route 216 to Passage West and Monkstown
  • Combined with Route 223 will provide three services per hour to / from Cork city
  • Extended hours of operation

We are delighted to be introducing a brand new service and our communications campaign for these enhancements begins this week, can you please share with all your members.

All details regarding the Route 225 and Route 216 service enhancements can be found here: www.buseireann.ie/Route225