The PIAB (Amendment) Act 2019 which came into force on 2rd April, 2019 introduced new rules in relation to PIAB most crucially there is an increased emphasis on parties obligations to comply with PIAB’s procedures and provides that a Court may penalise either party on costs if they
- Fail to provide additional information or documentation requested by a PIAB Assessor
- Fail to provide assistance to retained experts or co-operate with such experts
- Fail to submit to a medical examination
The new rules also provide that an application can be submitted without a medical report for the purposes of stopping the clock for the purposes of the Statute of Limitations however, a formal notice will not issue until a medical report is received. It also provides that the Book of Quantum is to be revised every 3 years, at least.
Also the Civil Liability and Courts Act has been amended by the Central Bank (National Claims Information Database) Act 2018 which came into force on 28th January, 2019 and made two significant changes which effect Personal Injury cases
- The time period for issuing a Letter of Claim has been reduced from 2 months to 1 month from the date of the accident/ incident and if a Claimant fails to do so a court is obliged to draw inferences and if justice requires it to penalise a claimant on costs
- Affidavits of Verification– if either party fails to swear an Affidavit within 21 days of service of a Pleading a court must draw inferences and penalise the defaulting party
To read the full legislation
PIAB (Amendment) Act 2019
Central Bank (National Claims Information Database) Act 2018
Should you have any queries in relation to above please contact our Personal Injuries Department on 071-9162032 or by email at firstname.lastname@example.org
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
Caroline McLaughlin is a Partner in the Personal Injury Practice Area of Callan Tansey Solicitors, 3 Wine Street, Sligo.