Final terms of court order in personal injuries settlement adjourned to establish position of Minister for Social Protection

High Court – plaintiff has settled with insurance company in respect of injuries suffered – Department of Social Protection paid Plaintiff disability benefits for loss of earnings – example of a case in which insurance companies want the taxpayer ‘to foot the bill for what might be regarded as a business expense of the insurance company’ – The Law Reform Commission considered this practise is ‘wrong’, this court reaches the same conclusions – business expenses of insurance companies are converted to a taxpayer’s liability – Consent Orders S. 342R(2) – ‘consent terms’ are that the plaintiff has withdrawn claim for loss of earnings or that there was no claim for loss of earnings – sought by insurance companies on settlement of personal injuries claim - Just because one is dealing with the taxpayers’ funds, rather than the funds of an individual, does not, in this Court’s view, mean that the taxpayer/Department should be deprived of money due to it – relevant that no such possibility exists in the UK for insurance companies to have their ‘business expenses’ converted into the liability of the taxpayer – Law Reform Commission have taken the approach taxpayer should be entitled to reimbursement – the court cannot make an order without the presence or notification of the third party Minister for Social Protection – rejects application to insert Court Order ‘consent term’ – adjourned finalisation of entire Court Order – liberty for Minister to apply.