Noel Recruitment (Ireland) Ltd v Personal Injuries Assessment Board
Jurisdiction | Ireland |
Judge | O'Donnell Donal J.,McKechnie J.,Dunne J. |
Judgment Date | 08 July 2016 |
Neutral Citation | [2016] IESCDET 102 |
Court | Supreme Court |
Date | 08 July 2016 |
[2016] IESCDET 102
THE SUPREME COURT
DETERMINATION
O'Donnell Donal J.
McKechnie J.
Dunne J.
The facts of this case are set out in the application, the respondent's notice and in judgments of the High Court (Kearns P, [2015] IEHC 20), and the Court of Appeal (Peart, Irvine and McDermott JJ, [2016] IECA 129). Essentially the applicant claims to have suffered an accident at work on the 23rd of October 2009, in Keelings Limited (‘Keelings’). He made an application to the Personal Injuries Assessment Board (‘PIAB’) under the name Michael Chapwanya for assessment of his claim and/or authorisation to bring proceedings. That application was made on the 30th of August 2010, naming both the applicant, Noel Recruitment Limited (‘Noel’), and Keelings as respondents. Authorisation to bring such proceedings was issued on the 5th of October 2011. However PIAB received a second application from a different solicitor on behalf of the applicant dated the 5th of March 2011, but, it is accepted, received by PIAB on the 5th of October 2011. This was in the name of Moro Issak (aka Michael Chapwanya). This was issued in respect of Noel, Keelings and a third respondent Tesco Limited. An authorisation issued on the 25th of July 2013, and bore the same authorisation number as the first application. Proceedings were then issued in the High Court on the 30th of July 2013. Noel commenced judicial review proceedings seeking a declaration that the second authorisation was not valid as against it, and both the High Court and the Court of Appeal (unanimously) agreed. The significance of this conclusion is that if the first authorisation is operative, then the statute of limitations expired on, it is said, the 30th of October 2012, and in any event long prior to the issuance of the proceedings. If however the second authorisation was valid as against Noel, the effect of s50 of the Personal Injuries Assessment Board Act would be in effect to suspend the running of the statute between the 5th of October 2011, and the date six months after the issuance of the...
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