Injuries Board Application
Personal Injuries Assessment Act
PART 1
Preliminary and General
Short title.
1.—This Act may be cited as the Personal Injuries Assessment Board Act 2003.
Commencement.
2.—This Act comes into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.
Annotations
Editorial Notes:
E3
Power pursuant to section exercised (22.07.2004) by Personal Injuries Assessment Board Act 2003 (Commencement) (No. 3) Order 2004 (S.I. No. 438 of 2004).
3. The 22nd day of July 2004 is appointed as the day on which paragraphs (b), (c) and (d) of section 3 of the Act come into operation.
E4
Power pursuant to section exercised (01.06.2004) by Personal Injuries Assessment Board Act 2003 (Commencement) (No. 2) Order 2004 (S.I. No. 252 of 2004).
3. Subject to Article 4 of this Order, the 1st day of June 2004 is appointed as the day on which the Act, in so far as not already in operation, comes into operation.
4. Article 3 of this Order does not apply to paragraph (b), (c) or (d) of section 3 of the Act.
E5
Power pursuant to section exercised (13.04.2004) by Personal Injuries Assessment Board Act 2003 (Commencement) Order 2004 (S.I. No. 155 of 2004).
3. The 13th day of April 2004 is appointed as the day on which the following provisions of the Act come into operation, namely—
(a) Part 1 (other than section 3), but only in so far as that Part relates to Part 3 and the following sections of the Act,
(b) sections 22, 46 and 48,
(c) Part 3, and
(d) sections 79 to 81 and 83 to 85.
Civil actions to which Act applies.
3.—This Act applies to the following civil actions—
(a) a civil action by an employee against his or her employer for negligence or breach of duty arising in the course of the employee’s employment with that employer,
F1[(aa) subject to Part 5 of the Act of 2022, a civil action against the Commissioner of the Garda Síochána to which that Act applies,]
(b) a civil action by a person against another arising out of that other’s ownership, driving or use of a mechanically propelled vehicle,
c) a civil action by a person against another arising out of that other’s use or occupation of land or any structure or building,
(d) a civil action not falling within any of the preceding paragraphs (other than one arising out of the provision of any health service to a person, the carrying out of a medical or surgical procedure in relation to a person or the provision of any medical advice or treatment to a person).
Annotations:
Amendments:
F1
Inserted (10.04.2023) by Garda Síochána (Compensation) Act 2022 (33/2022), s. 21(1)(a), S.I. No. 163 of 2023, subject to construction of references in subs. (2).
F2[
Civil actions to which Act does not apply.
3A.— Notwithstanding section 3, this Act does not apply to a civil action to which any of the following applies:
(a) the Warsaw Convention;
(b) the Montreal Convention;
(c) Council Regulation (EC) No. 2027/97;
(d) section 46(2) of the Civil Liability Act 1961;
(e) the Athens Convention;
(f) Regulation (EC) No. 392/2009;
(g) Part III of the Merchant Shipping (Liability of Shipowners and Others) Act 1996;
insofar as those statutory provisions are in force and insofar as those conventions and regulations are applicable to or in the State.]
Annotations
Amendments:
F2
Inserted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 56(1)(a), commenced on enactment.
Interpretation.
4.—(1) In this Act, unless the context otherwise requires—
“Act of 1961” means the Civil Liability Act 1961;
F3[“Act of 2022” means the Garda Síochána (Compensation) Act 2022;]
F4[“Athens Convention” means the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, as amended by the Protocol of 2002 (the Athens Convention) and as amended from time to time;]
“Board” shall be construed in accordance with section 53;
“civil action” means an action intended to be pursued for the purpose of recovering damages, in respect of a wrong, for—
(a) personal injuries, or
(b) both such injuries and damage to property (but only if both have been caused by the same wrong),
but does not include—
(i) an action intended to be pursued in which, in addition to damages for the foregoing matters, it is bona fide intended, and not for the purpose of circumventing the operation of section 3, to claim damages or other relief in respect of any other cause of action,
(ii) F5[…]
(iii) an action intended to be pursued in respect of an alleged breach by the State or any other person of a provision of the Constitution,
(iv) an action intended to be pursued under section 3 of the European Convention on Human Rights Act 2003;
F6[“claimant” means a person who would, subject to this Act, be entitled to pursue a civil action to which this Act applies and includes—
(a) other than in a civil action referred to in paragraph (e), a personal representative in whom a cause of action comprising a civil action is vested by virtue of the Act of 1961,
(b) other than in a civil action referred to in paragraph (e), a person specified in subsection (3) of section 48 of the Act of 1961 who would, subject to this Act, be entitled to pursue an action for damages under that section,
(c) a person who would be entitled to act as a next friend of a minor or a person of unsound mind were a civil action to which this Act applies to be pursued on his or her behalf,
(d) the committee of a person of unsound mind acting on his or her behalf in relation to a civil action to which this Act applies that is proposed to be pursued, and
(e) for the purposes of a civil action referred to in section 3(aa), an applicant within the meaning of the Act of 2022 in relation to whom an application to the Board referred to in section 19 of that Act was made;]
F4[“Council Regulation (EC) No. 2027/97” means Council Regulation (EC) No. 2027/97 on air carrier liability in respect of the carriage of passengers and their baggage by air, as amended by Regulation (EC) No. 889/20021 and as amended from time to time;]
F3[“damages” includes compensation for the purposes of civil actions referred to in section 3(aa);]
“employee” means a person of any age, who has entered into or works under (or, where the employment has ceased, entered into or worked under) a contract of employment; and, for the purposes of this Act, a person holding office under, or in the service of, the State (including a civil servant within the meaning of the Civil Service Regulation Act 1956) shall be deemed to be an employee employed by the State or Government, as the case may be, and an employee, officer or servant of a local authority for the purposes of the Local Government Act 2001 or of a harbour authority F7[or health board, or a member of staff of an education and training board] shall be deemed to be an employee employed by the authority F8[or board], as the case may be;
“employer” means, in relation to an employee, the person with whom the employee has entered into or for whom the employee works under (or, where the employment has ceased, entered into or worked under) a contract of employment;
“health board” includes the Eastern Regional Health Authority and an area health board established under the Health (Eastern Regional Health Authority) Act 1999;
“Minister” means the Minister for Enterprise, Trade and Employment;
F4[“Montreal Convention” means the Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal on 28 May 1999 and as amended from time to time;]
“personal injury” has the same meaning as it has in the Act of 1961;
“proceedings” means proceedings in court;
F4[“Regulation (EC) No. 392/2009″2 means Regulation (EC) No. 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents, as amended from time to time; ]
F4[“Warsaw Convention” means the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on 12 October 1929, or the Warsaw Convention as amended—
(a) at The Hague on 28 September 1955,
(b) by the Convention supplementary to the Warsaw Convention done at Guadalajara on 18 September 1961, and
(c) as amended from time to time; ]
“wrong” has the same meaning as it has in the Act of 1961.
(2) For the purposes of the definition of “civil action” in subsection (1) “action”—
(a) includes an action the cause of action comprising which accrued before the passing of this Act, and
(b) shall be deemed to include an action intended to be pursued for damages under section 48 of the Act of 1961.
(3) In this Act “respondent”, where used without qualification, does not, unless expressly provided otherwise, include a non-participating respondent (within the meaning of section 15) or a nonaccepting respondent (within the meaning of section 34).
(4) References in subsequent provisions of this Act to a next friend or, as appropriate, a guardian, in relation to a claimant or a respondent, shall be construed as references to a person who would be entitled to act as a next friend or guardian of the claimant or respondent, as the case may be, were the relevant claim concerned to be the subject of proceedings.
(5) In this Act—
(a) a reference to a section or Part is a reference to a section or Part of this Act unless it is indicated that reference to some other enactment is intended,
(b) a reference to a Chapter is a reference to the Chapter of the Part in which the reference occurs, unless it is indicated that reference to some other provision is intended,
(c) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and
(d) a reference to any other enactment is a reference to that enactment as amended or extended by or under any subsequent enactment.
Annotations
Amendments:
F3
Inserted (10.04.2023) by Garda Síochána (Compensation) Act 2022 (33/2022), s. 21(1)(b)(i), (iv), S.I. No. 163 of 2023.
F4
Inserted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 56(1)(b), commenced on enactment.
F5
Deleted (10.04.2023) by Garda Síochána (Compensation) Act 2022 (33/2022), s. 21(1)(b)(ii), S.I. No. 163 of 2023.
F6
Substituted (10.04.2023) by Garda Síochána (Compensation) Act 2022 (33/2022), s. 21(1)(b)(iii), S.I. No. 163 of 2023.
F7
Substituted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72 and sch. 6 item 45, S.I. No. 211 of 2013.
F8
Substituted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72 and sch. 6 item 45, S.I. No. 211 of 2013.
Modifications etc. (not altering text):
C3
Definition of “civil action” applied with modifications and “respondent” construed (10.04.2023) by Garda Síochána (Compensation) Act 2022 (33/2022), s. 20(a), (e), S.I. No. 163 of 2023.
Modifications to application of Act of 2003
20. The Act of 2003 shall apply to, and in relation to, an application to which section 19 refers, subject to the following modifications and any other necessary modifications:
(a) it shall be read as if the words “, in respect of a wrong,” in the definition of “civil action” in section 4(1) of the Act of 2003 were deleted;
…
(e) it shall be read as if any reference to “respondent” were a reference to the Garda Commissioner, or to any person entitled, by or under any enactment, to act on behalf of the Garda Commissioner in an action to which section 3(aa) of the Act of 2003 applies;
…
C4
Application of section clarified (21.07.2004) by Civil Liability and Courts Act 2004 (31/2004), s. 32(1), commenced as per s. 1(3), subject to transitional provision in s. 6.
Other amendments of Act of 2003.
32.—(1) For the avoidance of doubt, the reference in the definition of “proceedings” in section 4(1) of the Act of 2003 to “proceedings in court” includes, and shall be deemed to have always included, a reference to—
(a) proceedings by way of a counterclaim, and
(b) proceedings by way of the service of a third party notice (other than a third party notice claiming only an indemnity or a contribution).
…
1 OJ No. L 140, 30.05.2002, p2-5.
2 OJ No. L 131, 28.05.2009, p24-46.
Regulations.
5.—(1) The Minister may make regulations in respect of anything referred to in this Act as being the subject of regulations or for the purpose of enabling this Act to have full effect.
(2) Every order (other than an order under section 2) and regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
(3) The Minister may by order amend or revoke an order under this Act (other than an order under section 2 but including an order under this subsection).
Annotations
Editorial Notes:
E6
Power pursuant to section exercised (1.09.2019) by Personal Injuries Assessment Board (Fees) (Amendment) Regulations 2019 (S.I. No. 363 of 2019), in effect as per reg. 3.
Savings.
6.—(1) Nothing in this Act affects proceedings brought before the commencement of this section.
(2) Subsection (1) is without prejudice to section 48 (which enables the Board, where rules under section 46 so provide, to make an assessment of a relevant claim, the subject of proceedings brought before the commencement of this section).
(3) Nothing in this Act prevents 2 or more persons from entering into a settlement in respect of a relevant claim.
(4) If—
(a) such a settlement is entered into after one or more steps under Part 2 have been taken in relation to the relevant claim, and
(b) the claimant and the respondent or, as the case may be, the claimant and each of the respondents are parties to the settlement,
the Board shall, on being informed in writing of the settlement, cause no further step under that Part to be taken in relation to the claim.
Obtaining of legal advice.
7.—(1) Nothing in this Act is to be read as affecting the right of any person to seek legal advice in respect of his or her relevant claim and no rule shall be made under section 46 that affects that right.
(2) Subsection (1) shall not be read as requiring any procedure to be followed by the Board or hearing to be conducted by it that would be required to be followed or conducted by a court were the relevant claim concerned to be the subject of proceedings.
Expenses.
8.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
PART 2
Mandatory Assessment Procedures in respect of Certain Civil Actions
Chapter 1
Mandatory applications for assessment
“Relevant claim”.
9.—In this Chapter “relevant claim” means a civil action to which this Act applies.
What this Chapter does.
10.—This Chapter—
(a) specifies certain procedures that must be employed by—
(i) every claimant who wishes to recover damages in respect of a relevant claim, and
(ii) the Board in consequence of those procedures having been employed by such a claimant,
and
(b) prohibits the bringing of proceedings in respect of such a claim unless specified conditions are satisfied.
Application for assessment.
11.—(1) A claimant shall make an application under this section to the Board for an assessment to be made under section 20 of his or her relevant claim.
(2) That application shall be in the form specified by rules under section 46 and be accompanied by such documents as may be so specified.
(3) Without prejudice to the generality of section 46 as regards the documents that may be specified for the foregoing purpose, the documents that may be specified for that purpose include—
(a) a document that has been given or sent, by or on behalf of the claimant, to the person or persons whom he or she believes to be liable to pay compensation to him or her in respect of the claim, notifying the person or persons of his or her relevant claim and seeking the payment of compensation,
(b) copies of any other correspondence between the claimant and that person or those persons in relation to the relevant claim,
(c) a report prepared by a medical practitioner who has treated the claimant in respect of the personal injuries, the subject of the relevant claim, in relation to those injuries,
(d) receipts, vouchers or other documentary proof in relation to loss or damage in respect of which special damages are being sought in the relevant claim.
(4) If an enactment or a rule of court (whether passed or made before or after the passing of this Act) requires notice of any accident or occurrence that has given rise to personal injuries being sustained by a person to be given, prior to a civil action being pursued in respect of those injuries, to the person or persons alleged to be responsible for them, then the reference in subsection (3) (a) to the document mentioned in that provision shall be construed as a reference to such a notice.
(5) When it appears to the Board, in circumstances where the presumption provided for by section 18 (presumption as to full capacity) is rebutted in relation to the applicant, that an applicant under this section is not of full capacity the Board shall not deal with the applicant’s application (but without prejudice to its duty, subject to section 17, to deal with a fresh application subsequently made under this section on his or her behalf by a next friend or a committee of him or her).
Annotations:
Amendments:
F9
Substituted by Personal Injuries Resolution Board Act 2022 (42/2022), s. 3(a), not commenced as of date of revision.
F10
Inserted by Personal Injuries Resolution Board Act 2022 (42/2022), s. 3(b), (c), not commenced as of date of revision.
Modifications (not altering text):
C5
Prospective affecting provision: subs. (1) substituted and subss. (3)(ba), (3A) inserted by Personal Injuries Resolution Board Act 2022 (42/2022), s. 3(a)-(c), not commenced as of date of revision.
F9[(1) A claimant —
(a) shall make an application under this section to the Board for an assessment to be made under section 20 of his or her relevant claim, and
(b) may apply for resolution of his or her relevant claim by way of mediation under Chapter 1A.]
…
F10[(ba) copies of any documentation concerning the identity of the claimant where such claimant does not have a personal public service number (within the meaning of section 262 of the Social Welfare Consolidation Act 2005 ),]
…
F10[(3A) Notwithstanding subsection (2) and any rules under section 46, an application under this section made on or after the commencement of section 3(c) of the Personal Injuries Resolution Board Act 2022 shall not be an application for the purposes of section 50, unless it is signed by the claimant and includes confirmation of each of the following:
(a) the claimant’s name, date of birth, phone number, and the address at which he or she ordinarily resides;
(b) the claimant’s personal public service number (within the meaning of section 262 of the Social Welfare Consolidation Act 2005) or, in any case where the claimant does not have a personal public service number, such other documentation concerning his or her identity as may be specified by rules under section 46;
(c) the name and address of the person or each of the persons who the claimant alleges in the application is or are liable to him or her in respect of the accident or incident concerned;
(d) the date and time on which it is alleged that the accident or incident the subject of the application occurred;
(e) a description of how and where it is alleged that the accident or incident the subject of the application occurred;
(f) a description of the personal injuries allegedly sustained by the claimant in the accident or incident the subject of the application;
(g) that the medical report enclosed with the application describes the personal injuries allegedly sustained by the claimant in the accident or incident the subject of the application.]
…
C6
Section applied with modifications (10.04.2023) by Garda Síochána (Compensation) Act 2022 (33/2022), s. 20(b), (c), S.I. No. 163 of 2023.
Modifications to application of Act of 2003
20. The Act of 2003 shall apply to, and in relation to, an application to which section 19 refers, subject to the following modifications and any other necessary modifications: …
(b) an application to which section 19 refers shall be deemed to be an application made by the claimant under section 11 of the Act of 2003;
(c) it shall be read as if subsection (5) of section 11 of the Act of 2003 were deleted;
…
Bar on bringing proceedings unless certain conditions are satisfied.
12.—(1) Unless and until an application is made to the Board under section 11 in relation to the relevant claim and then only when the bringing of those proceedings is authorised under section 14, 17, 32 or 36, rules under section 46(3) or section 49 and subject to those sections or rules, no proceedings may be brought in respect of that claim.
(2) Nothing in subsection (1) or any other provision of this Act is to be read as affecting the right of a claimant or a respondent to invoke, subject to and in accordance with this section, the jurisdiction of any court to make an order referred to in subsection (3) that could be made if proceedings, but for subsection (1), were to be brought or were about to be brought in respect of the relevant claim and the court shall, accordingly, have jurisdiction, subject to and in accordance with this section, to make such an order despite the enactment of subsection (1).
(3) The order mentioned in subsection (2) is any order of an interlocutory kind or power to make which is provided for by rules of court or otherwise inherent in the court’s general jurisdiction in civil proceedings and, in particular, an order restraining the transfer of assets to a place outside the State for the purpose of defeating the rights of another arising out of the relevant claim or the dissipation of assets for that purpose and an order requiring evidence to be preserved.
(4) In relation to the invocation of the foregoing jurisdiction of the court the following provisions have effect—
(a) the application for the order concerned shall be made by motion on notice or, as appropriate, ex parte motion,
(b) without prejudice to the principles or rules that govern generally the exercise of that jurisdiction, the court shall not exercise that jurisdiction to make any order (not being an order relating to the transfer or dissipation of assets) unless it is satisfied that—
(i) the making of the application therefor is bona fide and for the sole purpose of ensuring the fair and just disposition of any proceedings that could be brought in the event of the issue of an authorisation referred to in subsection (1), and
(ii) the making of the order is required so as to enable the fair and just disposition of those proceedings,
and the court shall ensure that the manner in which any such application is dealt with does not prejudice any procedures which are being or may be followed under this Act in relation to the relevant claim,
(c) on the hearing of any such application the court shall have power to grant the relief sought or, subject to this section, make any other interlocutory order that is appropriate to the application or may adjourn, from time to time, the hearing of the application or dismiss the application and, in any of the foregoing cases, may make such order as to costs as it considers appropriate,
(d) the person making any such application shall be subject to the same duties as he or she would be subject to if the application were to be made in the course of proceedings brought in respect of the relevant claim and may (in addition to any undertaking he or she may be regarded as having given by operation of law) be required to give such undertakings as the court may specify in the circumstances,
(e) in the event of proceedings being brought in respect of the relevant claim pursuant to an authorisation referred to in subsection (1), any order made in exercise of the foregoing jurisdiction shall be deemed to be an order made in the course of those proceedings and the court may, accordingly, continue to exercise jurisdiction in respect of the order, and
(f) in the event of no proceedings being brought in respect of the relevant claim, the court may make such order as to the discharge of the order referred to in paragraph (e), to any other matters in consequence of the order so referred to and to the costs of the matter as in necessary or appropriate in the circumstances.
F11[(5) The issuing of a notice of motion or the moving of a motion for the purposes of an application referred to in subsection (4) shall not be regarded as the commencement of proceedings in respect of the relevant claim for the purposes of any applicable limitation period in relation to such claim (including any limitation period under the Statute of Limitations 1957, section 9(2) of the Civil Liability Act 1961, the Statute of Limitations (Amendment) Act 1991 and an international agreement or convention by which the State is bound).]
Annotations
Amendments:
F11
Substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 56(1)(c), commenced on enactment.
Modifications (not altering text):
C7
Subs. (1) applied with modifications by Garda Síochána (Compensation) Act 2022 (33/2022), s. 20(d), S.I. No. 163 of 2023.
Modifications to application of Act of 2003
20. The Act of 2003 shall apply to, and in relation to, an application to which section 19 refers, subject to the following modifications and any other necessary modifications: …
(d) it shall be read as if the words “rules under section 46(3)” and the words “or rules” in section 12(1) of the Act of 2003 were deleted;
…
Notification of application to respondent and ascertainment of his or her wishes.
13.—F12[(1) (a) As soon as practicable after receipt of an application under section 11, the Board may serve a preliminary notice on the person or each of the persons who the claimant alleges in the application is or are liable to him or her in respect of the relevant claim (who or each of whom is referred to in this Part as a “respondent”) notifying the respondent of the relevant claim.
(b) As soon as practicable after receipt of—
(i) an application under section 11,
(ii) a report prepared by a medical practitioner under section 11(3)(c), and
(iii) the charge imposed on the claimant pursuant to regulations made under section 22(1),
the Board shall serve the following notice on the respondent.]
(2) F12[That notice under subsection (1)(b)] is a notice stating that the Board has received an application made under section 11 by the claimant and requesting the respondent to state to the Board in writing, within the period specified in the notice, whether he or she consents to an assessment being made under section 20 of the claimant’s relevant claim.
Annotations
Amendments:
F12
Substituted (3.04.2019) by Personal Injuries Assessment Board (Amendment) Act 2019 (3/2019), s. 2(1)(a), (b), S.I. No. 123 of 2019, subject to transitional provision in subs. (2).
F13
Substituted by Personal Injuries Resolution Board Act 2022 (42/2022), s. 4, not commenced as of date of revision.
Modifications (not altering text):
C8
Prospective affecting provision: subs. (2) substituted by Personal Injuries Resolution Board Act 2022 (42/2022), s. 4, not commenced as of date of revision.
F13[(2) The notice under subsection (1)(b) is a notice stating that the Board has received an application made under section 11 by the claimant and requesting the respondent to state to the Board in writing, within the period specified in the notice, whether he or she consents to —
(a) an assessment being made under section 20 of the claimant’s relevant claim,
(b) mediation of the relevant claim under Chapter 1A, where the claimant has applied for resolution of his or her relevant claim under that Chapter, or
(c) both an assessment referred to in paragraph (a) and mediation referred to in paragraph (b).]
C9
Subs. (1)(b) applied with modifications by Garda Síochána (Compensation) Act 2022 (33/2022), s. 20(f), not commenced as of date of revision.
Modifications to application of Act of 2003
20. The Act of 2003 shall apply to, and in relation to, an application to which section 19 refers, subject to the following modifications and any other necessary modifications: …
(f) it shall be read as if section 13(1)(b)(iii) of the Act of 2003 were deleted;
…
Procedures on foot of notification under section 13.
14.—(1) If a respondent—
(a) states in writing, in response to F14[a notice served under section 13(1)(b)], within the period specified in it, that he or she does consent to an assessment being made under section 20 of the claimant’s relevant claim, or
(b) fails to state in writing, in response to that notice, within the period specified in it, whether or not he or she does so consent,
then the Board shall, subject to sections 17 and 18, arrange for an assessment to be made under section 20 of that claim.
(2) If a respondent states in writing, in response to F14[a notice served under section 13(1)(b)], within the period specified in it, that he or she does not consent to an assessment being made under section 20 of the claimant’s relevant claim, it shall be the duty of the Board, as soon as may be after that statement is received by it, to issue to the claimant a document that contains the statement and operates to have the effect mentioned in subsection (4).
(3) Such a document is referred to in this Act as an “authorisation”.
(4) An authorisation under this section shall state that the claimant is authorised to, and operate to authorise the claimant to, bring proceedings in respect of his or her relevant claim.
Annotations
Amendments:
F14
Substituted (3.04.2019) by Personal Injuries Assessment Board (Amendment) Act 2019 (3/2019), s. 3(a), (b), S.I. No. 123 of 2019.
F15
Substituted by Personal Injuries Resolution Board Act 2022 (42/2022), s. 5, not commenced as of date of revision.
Modifications (not altering text):
C10
Prospective affecting provision: subs. (1) substituted by Personal Injuries Resolution Board Act 2022 (42/2022), s. 5, not commenced as of date of revision.
F15[(1) (a) If a respondent states in writing in response to a notice served under section 13(1)(b) within the period specified in the notice that he or she consents to mediation of the relevant claim under Chapter 1A, then the Board shall, subject to sections 17 and 18, arrange for mediation of that claim under Chapter 1A.
(b) If a respondent —
(i) states in writing in response to a notice served under section 13(1)(b) within the period specified in the notice that he or she does not consent to mediation of the relevant claim under Chapter 1A, or
(ii) fails to state in writing, in response to the notice, within the period specified in that notice, whether or not he or she consents to mediation under Chapter 1A,
then paragraph (c) shall apply.
(c) If a respondent —
(i) states in writing, in response to a notice served under section 13(1)(b), within the period specified in it, that he or she consents to an assessment being made under section 20 of the claimant’s relevant claim, or
(ii) fails to state in writing, in response to that notice, within the period specified in it, whether or not he or she does so consent, then the Board shall, subject to sections 17 and 18, arrange for an assessment to be made under section 20 of that claim.]
Procedures if not everyone of 2 or more respondents consents to assessment being made.
15.—If there are 2 or more respondents as respects a relevant claim and one or more but not all of them makes a statement in writing of the kind referred to in section 14(2) the following provisions have effect—
(a) the Board, despite the making of such a statement, shall, subject to sections 17 and 18, arrange for an assessment to be made under section 20 of the claimant’s relevant claim,
(b) the assessment made under that section, though subsequently accepted, if such be the case, by the other respondent or respondents, shall not be binding on the respondent or respondents who made such a statement, (the “non-participating respondent or respondents”), and
(c) section 14 shall have effect as if the following subsections were substituted for subsection (4):
“(4) An authorisation under this section shall state that the claimant is authorised to, and operate to authorise the claimant to, bring proceedings in respect of his or her relevant claim against only the non-participating respondent or respondents (within the meaning of section 15) but this subsection is subject to the following subsection.
(5) Subsection (4) does not prejudice the operation of section 41 (which relates to the application of section 16 of the Act of 1961 (satisfaction by one wrongdoer discharging the other wrongdoer or wrongdoers)) and, accordingly, the proceedings authorised by that subsection to be brought—
(a) shall cease to be maintainable if the amount or amounts specified in an order to pay that may eventually be issued by the Board in respect of the relevant claim are paid to the claimant, or
(b) if only a portion of the amount or amounts specified in such an order to pay that may eventually be issued is paid to the claimant, shall be maintainable in respect of only the balance outstanding.”.
Making of, or omission to make, statement referred to in section 14 not an admission of liability.
16.—Neither a statement referred to in paragraph (a) of subsection (1) of section 14 nor a failure of the kind mentioned in paragraph (b) of that subsection shall constitute an admission of liability by the respondent concerned or be capable of being used in evidence against him or her in any proceedings or operate in any manner to prejudice any proceedings.
Annotations:
Amendments:
F16
Substituted by Personal Injuries Resolution Board Act 2022 (42/2022), s. 6, not commenced as of date of revision.
Modifications (not altering text):
C11
Prospective affecting provision: section substituted by Personal Injuries Resolution Board Act 2022 (42/2022), s. 6, not commenced as of date of revision.
F16[16. Neither a statement referred to in subsection (1)(a) or (1)(c)(i) of section 14 nor a failure of the kind mentioned in subsection (1)(c)(ii) of that section shall constitute an admission of liability by the respondent concerned or be capable of being used in evidence against him or her in any proceedings or operate in any manner to prejudice any proceedings.]
Discretion of Board not to arrange for making of assessment.
17.—(1) Despite—
(a) the making by a respondent of a statement referred to in section 14(1)(a), or
(b) the fact that a failure by him or her of the kind referred to in section 14(1)(b) has occurred,
the Board shall not be required to arrange for the making of an assessment under section 20 of the relevant claim concerned (or, as appropriate, shall discontinue any such assessment the making of which it has arranged) if—
(i) in its opinion, there does not exist, or there has not been previously entered into, in relation to the type of personal injury or injuries to which the relevant claim relates, a sufficient body of case law or, as the case may be, a sufficient number of settlements to which regard may be had by the assessors for the purpose of making such an assessment, or
(ii) in its opinion, it would not be appropriate to do so—
(I) because of the particular complexity of the issues that would require to be addressed were an assessment of the relevant claim to be made such as (without limiting the generality of this clause) issues involving the interaction between each of a number of injuries the claimant alleges he or she sustained in the accident or incident concerned or the interaction between one or more such injuries and any existing condition or disease the claimant suffered from or any injury he or she previously sustained, or
(II) F17[…]
(III) because aggravated or exemplary damages are bona fide (and not for the purpose of circumventing the operation of this Act) sought to be recovered in the relevant claim, or
(IV) in case the relevant claim arises out of a trespass to the person, because the making of an assessment of the claim by the means to which assessors are limited to employing by this Act would not respect the dignity of the claimant, or
(V) because the gravity of any injury or illness of the claimant is such that, were proceedings to be brought in respect of his or her relevant claim, an early trial of the claim would, in the Board’s opinion, be ordered to be held to meet the contingency of the claimant’s dying before the time the claim would otherwise, in the ordinary course of events, come on for trial,
or
(iii) F17[…]
(iv) in its opinion, the person purporting to act as a next friend, or as the case may be, a guardian of the claimant or a respondent has a conflict of interest in the matter, or otherwise would not be entitled to act as a next friend or guardian of the claimant or respondent were the relevant claim to be the subject of proceedings, and steps are unlikely to be taken in a timely fashion to secure an appropriate replacement for him or her, or
(v) in its opinion, the relevant claim falls within a class of relevant claims as respects which the Board has, with the consent of the Minister and the Minister for Justice, Equality and Law Reform, for the time being declared there to be other good and substantial reasons for its not arranging the making of such an assessment in respect of F18[them, or]
F19[(vi) the notice under section 13(1)(b) on the person or each of the persons who the claimant alleges in the application is or are liable to him or her in respect of the relevant claim cannot be served on, or given, or issued to the person in accordance with section 79, or
(vii) the respondent has notified the Board of his or her intention not to accept the assessment when made, or
(viii) in its opinion, the relevant claim falls within a class of relevant claims to which Regulation (EC) No. 864/2007 of the European Parliament and of the Council of 11 July 20071 on the law applicable to non-contractual obligations (Rome II) applies, or
(ix) in its opinion, the relevant claim falls within a class of relevant claims where a settlement has been negotiated for the benefit of a minor or person of unsound mind (including a dependant minor or person of unsound mind where the relevant claim arises from fatal injuries) to be approved by the court.]
(2) As soon as may be after the Board forms an opinion referred to in any of paragraphs (i) to (v) of subsection (1), the Board shall record that opinion in writing and the reasons therefor.
(3) In addition to the grounds specified in subsection (1) for its not doing so, the Board may, in its discretion, decide not to arrange for the making of an assessment under section 20 of a relevant claim if a charge imposed by it pursuant to regulations under section 22(1) on a respondent has not been paid to it; any such decision shall be recorded in writing by the Board as soon as may be after it is made.
(4) It shall be the duty of the Board, as soon as may be after recording an opinion or a decision referred to in subsection (1) or (3), to issue to the claimant concerned a document that contains the statement and operates to have the effect mentioned in subsection (6).
(5) Such a document is also referred to in this Act as an “authorisation”.
(6) An authorisation under this section shall state that the claimant is authorised to, and operate to authorise the claimant to, bring proceedings in respect of his or her relevant claim.
(7) If an authorisation would fall to be issued under both—
(a) this section, and
(b) but for this subsection, section 14 as it has effect by virtue of section 15,
then an authorisation shall only be issued under this section.
Annotations
Amendments:
F17
Deleted (13.02.2023) by Personal Injuries Resolution Board Act 2022 (42/2022), s. 7(a)(iii), (iv), S.I. No. 28 of 2023.
F18
Substituted (3.04.2019) by Personal Injuries Assessment Board (Amendment) Act 2019 (3/2019), s. 4(a), S.I. No. 123 of 2019.
F19
Inserted (3.04.2019) by Personal Injuries Assessment Board (Amendment) Act 2019 (3/2019), s. 4(b), S.I. No. 123 of 2019.
F20
Substituted by Personal Injuries Resolution Board Act 2022 (42/2022), s. 7(a)(i)-(ii), not commenced as of date of revision.
F21
Inserted by Personal Injuries Resolution Board Act 2022 (42/2022), s. 7(b)-(c), not commenced as of date of revision.
Modifications (not altering text):
C12
Prospective affecting provision: subss. (1)(a), (b) amended, (1A) inserted and (3) amended by Personal Injuries Resolution Board Act 2022 (42/2022), s. 7(c), not commenced as of date of revision.
17.—(1) Despite—
(a) the making by a respondent of a statement referred to in F20[section 14(1)(c)(i)], or
(b) the fact that a failure by him or her of the kind referred to in F20[section 14(1)(c)(ii)] has occurred,
…
F21[(1A) Despite the making by a respondent of a statement referred to in section 14(1)(a), the Board shall not be required to arrange for mediation under Chapter 1A of the relevant claim concerned (or, as appropriate, shall discontinue any such mediation which it has arranged) if any of paragraphs (i) to (ix) of subsection (1) applies in relation to the relevant claim concerned.]
…
(3) In addition to the grounds specified in subsection (1) for its not doing so, the Board may, in its discretion, decide not to arrange for the making of an assessment under section 20 F21[or the carrying out of mediation under Chapter 1A] of a relevant claim if a charge imposed by it pursuant to regulations under section 22(1) on a respondent has not been paid to it; any such decision shall be recorded in writing by the Board as soon as may be after it is made.
1 OJ No. L 199, 31.7.2007, p.40.
Presumption as to capacity of claimant and respondent.
18.—(1) Subject to subsections (2) and (3), for the purpose of the performance of every function under this Part the Board shall presume that the claimant and the respondent or respondents are each of full capacity.
(2) If—
(a) rules under section 46 require an application under section 11 to include a statement that the claimant is of full age, or
(b) rules under that section require the Board, before it deals with a claimant or a respondent under this Part, to seek confirmation from the claimant or the respondent that he or she is of full age,
then subsection (1), in so far as it relates to a person’s being of full age, shall not apply unless and until that requirement of those rules is complied with or that confirmation is given by the claimant or the respondent.
(3) Subject to subsection (4), if, during the course of the performance by the Board of its functions under this Part, a medical opinion in writing is furnished to the Board to the effect that the claimant or a respondent is not of sound mind then the presumption in subsection (1) shall be regarded as rebutted and the Board shall, as appropriate—
(a) not arrange for the making of an assessment of the relevant claim concerned, or
(b) if any step in the making of that assessment, or consequent on the making of that assessment, has already been taken, cause no further step to be taken in the making of that assessment or consequent on its making,
unless, in the case of such an opinion that has been furnished in respect of one or more than one of 2 or more respondents, no such opinion has been furnished in respect of the other or others or the claimant.
(4) Nothing in subsection (1) or paragraph (a) or (b) of subsection (3) applies if—
(a) in the case of a claimant, a next friend or a committee of the claimant is acting on his or her behalf, and
(b) in the case of a respondent, a guardian or a committee of the respondent is acting on his or her behalf.
(5) No action or proceeding shall lie against the Board or any of its members or employees in respect of anything which the Board, the member or the employee could have lawfully done or omitted to do had the circumstances presumed by virtue of subsection (1) to pertain pertained in fact.
(6) If such an opinion as is referred to in subsection (3) is furnished in respect of one or more than one, but not all, of 2 or more respondents and subsection (4) does not apply then the Board shall record in writing the fact of its having received that opinion and no assessment made under this Part in relation to the relevant claim shall bind the respondent or respondents to whom the opinion relates.
Annotations:
Amendments:
F22
Substituted by Personal Injuries Resolution Board Act 2022 (42/2022), s. 8, not commenced as of date of revision.
Modifications (not altering text):
C13
Prospective affecting provision: subs. (3)(a), (b) substituted by Personal Injuries Resolution Board Act 2022 (42/2022), s. 8, not commenced as of date of revision.
F22[(a) not arrange for the making of an assessment of, or the carrying out of mediation in relation to, the relevant claim concerned, or
(b) if any step in the making of that assessment or carrying out of that mediation, or consequent on the making of that assessment or carrying out of that mediation, has already been taken, cause no further step to be taken in the making of that assessment or carrying out of that mediation or consequent on its making or carrying out,]
F23[Chapter 1A