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AN BILLE UM BORD MEASU´ NAITHE DI´OBHA´LACHA PEARSANTA (LEASU´ ) 2007
PERSONAL INJURIES ASSESSMENT BOARD (AMENDMENT) BILL 2007 ———————— Mar a tionscnaı´odh As initiated ———————— ARRANGEMENT OF SECTIONS Section
1. Provisions in relation to costs in certain proceedings. 2. Short title and collective citation.
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[No. 38 of 2007]
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Acts Referred to
Civil Liability and Courts Act 2004 2004, No. 31 Personal Injuries Assessment Board Act 2003 2003, No. 46
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AN BILLE UM BORD MEASU´ NAITHE DI´OBHA´LACHA PEARSANTA (LEASU´ ) 2007
PERSONAL INJURIES ASSESSMENT BOARD (AMENDMENT) BILL 2007
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BILL
5
entitled
AN ACT TO AMEND AND EXTEND THE PERSONAL INJUR-IES ASSESSMENT BOARD ACT 2003.
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
1.—Chapter 4 of Part 2 of the Personal Injuries Assessment Board 10
Act 2003 is amended by adding the following sections after section 51: “Costs in proceedings where assessment not accepted by claimant.
51A.—(1) This section applies to a relevant claim if the following 2 conditions are satisfied in respect of that claim.
15
(2) Those conditions are that— (a) the claimant either—
(i) has made a statement in writing, in response to a notice under section 30, that he or she does not accept 20
an assessment of the relevant claim, or
(ii) is deemed, by virtue of section 31, not to have accepted that assessment,
25
and
(b) a respondent either—
(i) has made a statement in writing, in response to a notice under section 30, that he or she does accept the 30
foregoing assessment, or
(ii) is deemed, by virtue of section 31, to have accepted the foregoing assessment.
Provisions in relation to costs in certain proceedings.
(3) Subject to subsections (6) and (7), if, as respects a relevant claim to which this section applies, a claimant brings proceedings in accord-ance with this Act—
(a) no award of costs nor any other order 5 providing for payment of costs may be made in favour of the claimant where the amount of damages (if any) awarded on foot of, or accepted in settlement of, those proceedings does 10 not exceed the amount of the assess-ment referred to in subsection (2), and (b) where the amount of damages (if any) awarded on foot of those proceedings does not exceed the amount of the 15 assessment referred to in subsection (2), the court, in those proceedings, may, in its discretion, order the claim-ant to pay all or a portion of the costs of the defendant or defendants. 20 (4) In subsection (3) ‘proceedings’ means pro-ceedings against—
(a) one or more persons who consented, in accordance with this Part, to the mak-ing of an assessment of the relevant 25 claim or on whose part a failure of the kind referred to in section 14(1)(b) occurred in relation to the relevant claim (or both), or
(b) both— 30
(i) one or more persons referred to in paragraph (a), and
(ii) one or more non-participating respondents (within the meaning
of section 15), 35
whether or not the proceedings are also against one or more non-accepting respondents (within the meaning of section 34).
(5) Subsection (3) applies notwithstanding
sections 37 and 51. 40
(6) Subsection (3) does not apply if, in the pro-ceedings referred to in that subsection—
(a) a formal offer (within the meaning of section 17 of the Civil Liability and Courts Act 2004) is made by a defend- 45 ant and the amount of the offer is not equal to the amount of the assessment referred to in subsection (2), or (b) a payment into court of a sum of money
an offer of tender of payment, pursu-ant to rules of court, is made.
(7) Subsection (3) does not operate—
(a) to prohibit an award of costs or the making of any other order providing 5
for payment of costs, in the circum-stances mentioned in that subsection, in favour of a claimant against a non-accepting respondent or respondents (within the meaning of section 34), or 10
(b) to confer on a court a power, in the cir-cumstances mentioned in that subsec-tion, to order a claimant to pay all or a portion of the costs of a non-accepting respondent or respondents (within the 15 meaning of section 34). Costs in connection with application under section 11 not taxable.
51B.—(1) This section applies irrespective of whether an assessment of the relevant claim referred to in this section has been made or whether any assessment so made has been 20
accepted, or is deemed to have been accepted, under this Part by any person.
(2) If a claimant brings proceedings in accord-ance with this Act in respect of his or her relevant claim then, in any taxation of costs in those pro-25
ceedings, no amount shall be allowed in respect of any fees or expenses incurred by the claimant in connection with the application he or she made under section 11 in respect of the relevant claim or in complying with any provision of this Act in 30
respect thereto, other than fees or expenses referred to in section 35, 44 or 45.”.
2.—(1) This Act may be cited as the Personal Injuries Assessment Board (Amendment) Act 2007.
(2) The Personal Injuries Assessment Board Act 2003 and this 35
Act may be cited together as the Personal Injuries Assessment Board Acts 2003 and 2007.
Short title and collective citation.
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AN BILLE UM BORD MEASU´ NAITHE DI´OBHA´LACHA PEARSANTA (LEASU´ ) 2007
PERSONAL INJURIES ASSESSMENT BOARD (AMENDMENT) BILL 2007
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EXPLANATORY AND FINANCIAL MEMORANDUM ————————
Purpose of Bill
The purpose of the Bill is to provide in certain circumstances, where a claimant rejects a PIAB assessment that has been accepted by a respondent and where they fail in any subsequent proceedings to get more than the amount of the PIAB assessment, they will not be entitled to legal costs.
The provisions of the Bill are as follows:
Section 1 provides that two new sections are added to the Personal
Injuries Assessment Board Act 2003 as follows.
New Section 51A
Provides that where a claimant rejects a PIAB assessment that has been accepted by a respondent and where they fail in any subsequent proceedings to get more than the amount of the PIAB assessment, they will not be entitled to legal costs.
New Section 51B
Provides that no legal costs shall be allowed for the making of an application to the PIAB.
Financial Implications of the Bill
No costs to the Exchequer are expected to arise from these pro-visions. Failure to make these amendments however will lead to increased costs associated with personal injury claims, including costs to public bodies, individuals and business.
An Roinn Fiontar, Tra´da´la agus Fostaı´ochta. Aibrea´n, 2007.
Wt. —. 668. 4/07. Cahill. (X51229). Gr. 30-15.
