O'Brien -v- Personal Injuries Assessment Board [2006] IESC 62 (16 November 2006)

O'Brien -v- Personal Injuries Assessment Board [2006] IESC 62 (16 November 2006)

The appeal is not moot because the respondent continues to be constrained by the High Court's declaration in the exercise of its statutory powers, and both parties retain a live interest in the outcome; the controversy has not lost its character as a present, live controversy.

Citation
[2006] IESC 62
Parties
Applicant / Respondent: Declan O'Brien; Appellant / Respondent: Personal Injuries Assessment Board
Jurisdiction
Ireland
Judgment Date
16 November 2006
Procedural Posture
Judicial Review / Appeal / Application to Supreme Court Regarding Mootness of Appeal
Outcome
Application refused; appeal to proceed in the normal manner.
Legal Topics
Mootness, Statutory Interpretation, Costs, Judicial Review, Right of Appeal
Administrative Law Personal Injury Law Civil Procedure Mootness Statutory Interpretation Costs Judicial Review Right of Appeal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Declan O'Brien

Applicant / Respondent

Personal Injuries Assessment Board

Appellant / Respondent

Procedural Posture

Judicial Review / Appeal / Application to Supreme Court Regarding Mootness of Appeal

Legal Issues

  1. 1 Whether the appeal before the Supreme Court is moot due to subsequent events
  2. 2 Whether the High Court's declaration and costs order should stand if the appeal is moot
  3. 3 Whether the respondent retains a live interest in the appeal despite the applicant's claim moving outside the PIAB system

Ratio Decidendi

The appeal is not moot because the respondent continues to be constrained by the High Court's declaration in the exercise of its statutory powers, and both parties retain a live interest in the outcome; the controversy has not lost its character as a present, live controversy.

Court Disposition

Application refused; appeal to proceed in the normal manner.

Orders

  • Application to treat appeal as moot is refused.
  • Appeal to proceed with applicant as a party.