Personal Injuries Assessment Board (Amendment) Act 2019

Cited as:IR No. 3/2019
Jurisdiction:Ireland


Personal Injuries Assessment Board (Amendment) Act 2019

2019 3

An Act to amend and extend the Personal Injuries Assessment Board Act 2003; and to provide for related matters.

[25 February 2019]

Be it enacted by the Oireachtas as follows:

S-1 Definition

1 Definition

1. In this Act, “Principal Act” means the Personal Injuries Assessment Board Act 2003.

S-2 Amendment of section 13 of Principal Act

2 Amendment of section 13 of Principal Act

(1) Section 13 of the Principal Act is amended—

(a)

by the substitution of the following subsection for subsection (1):

“(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.”,

and

(b)

in subsection (2), by the substitution of “That notice under subsection (1)(b)” for “That notice”.

(2) The amendments effected by subsection (1) shall apply to applications made under section 11 of the Principal Act after the coming into operation of this section.

S-3 Amendment of section 14 of Principal Act

3 Amendment of section 14 of Principal Act

3. Section 14 of the Principal Act is amended—

(a) in subsection (1)(a), by the substitution of “a notice served under section 13(1)(b)” for “a notice under section 13”, and

(b) in subsection (2), by the substitution of “a notice served under section 13(1)(b)” for “a notice under section 13”.

S-4 Amendment of section 17 of Principal Act

4 Amendment of section 17 of Principal Act

4. Section 17(1)(b) of the Principal Act is amended—

(a) in subparagraph (v), by the substitution of “them, or” for “them.”, and

(b) by the insertion of the following subparagraphs after subparagraph (v):

“(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 1on 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.”.

1 OJ No. L 199, 31.7.2007, p.40.

S-5 Amendment of section 22 of Principal Act

5 Amendment of section 22 of Principal Act

5. Section 22 of the Principal Act is amended by the substitution of the following subsection for subsection (4):

“(4) Different amounts may be specified in regulations under subsection (1)—

(a) for the purposes of subsection (2)(b)—

(i) in relation to different classes of relevant claim, and

(ii) in relation to different stages of a relevant claim,

and

(b) for the purposes of subsection (2)(a) and (b) in relation to the submission of documents in electronic and paper form.”.

S-6 Amendment of section 49 of Principal Act

6 Amendment of section 49 of Principal Act

6. Section 49 of the Principal Act is amended, in subsection (3), by the substitution of “the notice served under section 13(1)(b)” for “the notice served under section 13”.

S-7 Amendment of section 50 of Principal Act

7 Amendment of section 50 of Principal Act

(1) The Principal Act is amended by the substitution of the following section for section 50:

“50. In reckoning any period of time for the purpose of any applicable limitation period in relation to a relevant 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)—

(a) the period beginning on the making of an application under section 11 in relation to the claim and ending 6 months from the date of issue of an authorisation under, as appropriate, section 14, 17, 32, 36 or 49 shall be disregarded insofar as it relates to one or more respondents named at the time of the application made under section 11, or

(b) the period beginning on the addition of a further respondent or respondents in relation to the claim and ending 6 months from the date of issue of an authorisation under, as appropriate, section 14, 17, 32, 36 or 49 or rules under section 46(3)(b) shall be disregarded insofar as it relates to such further respondent or respondents.”.

(2) The amendment effected by subsection (1) shall apply to applications made under section 11 of the Principal Act after the coming into operation of this section.

S-8 Costs in proceedings where claimant or respondent does not comply with request of assessors

8 Costs in proceedings where claimant or respondent does not comply with request of assessors

(1) The Principal Act is amended by the insertion of the following section after section 51B:

“51C.(1) This section applies to a relevant claim where—

(a) the assessors have requested the claimant to furnish to them additional information or documents pursuant to section 23(1) and the claimant has not complied with that request,

(b) the assessors have requested the respondent or respondents to furnish to them additional information or documents pursuant to section 23(2) and the respondent or respondents has or have not complied with that request,

(c) the assessors have requested the claimant or the respondent or respondents to provide assistance to retained experts or furnish information or documents or co-operate with those experts pursuant to section 23(4) and the claimant or the respondent or respondents, as appropriate, has or have not complied with that request, or

(d) the assessors have requested the claimant to submit himself or herself to a medical examination pursuant to section 24(2) and the claimant has not submitted himself or herself to the medical examination.

(2) If as respects a relevant claim to which this section applies, a claimant brings proceedings in accordance with this Act, the court may, in its discretion, taking into account any failure to comply or submit in the manner specified in subsection (1) and all other relevant circumstances, order that—

(a) no award of costs nor any other order providing for payment of costs may be made—

(i) in favour of the claimant where subsection (1)(a) or (1)(d) applies,

(ii) in favour of the defendant or defendants where subsection (1)(b) applies, or

(iii) in favour of the claimant or the defendant or defendants, as appropriate, where subsection (1)(c) applies,

(b) the claimant pay all or a portion of the costs of the defendant or defendants where subsection (1)(a), (c) or (d) applies, or

(c) the defendant or defendants pay all or a portion of the costs of the claimant where subsection (1)(c) applies.

(3) This section applies notwithstanding section 51.”.

(2) The amendment effected by subsection (1) shall apply to—

(a)

an application under section 11 of the Principal Act made on or after...

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