Minister for State, Dara Calleary TD, has announced a September commencement date for second phase of the Personal Injuries Resolution Board Act 2022.
Personal Injuries Resolution Board Act 2022
The Personal Injuries Resolution Board Act 2022 was signed into law in December 2022. It makes changes to the procedures before the PIAB and gives the Board further powers to deal with claims. The first phase of the Act was commenced on 13 February 2023, which provided a number of significant changes to the PIAB procedures. From February, a PIAB assessment accepted by the Respondent has the status of a tender in any litigation. This means that where a litigant obtains a lesser sum in a court award, they would usually be unable to recover legal costs against the Respondent and may be responsible for the Respondent’s costs.
Also, the Board was given the power to assess claims of a wholly psychological nature and the Board has more time to assess claims where the injury is yet to settle. It is offence to supply the Board with false information. The Board is now empowered to disclose such information to the Garda Síochána.
Commencement of second phase
The Minister for State, Dara Calleary TD, has announced that the second phase of the Act would be commenced in September of this year.
From 4 September 2023, a PPS number or alternative identification will be required to make an application to PIAB, and claimants will be required to sign the application form.
Importantly for practitioners working in the area, a failure to supply the required information listed in sections 3(b) and 3(c) of the Personal Injuries Resolution Board Act 2022 will result in the Statute of Limitations continuing to run as the PIAB application will be deemed incomplete.
This includes the form being signed personally by the claimant, the claimant’s personal details being included, the name and address of the person who the claimant alleges are liable, details of the incident and how it occurred, details of the injuries sustained, and a description in the medical report of the personal injuries sustained.
A full list of the new requirements is set out in the Act and should be carefully considered by Practitioners in advance of the commencement date.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.*