Noel Recruitment (Ireland) Ltd -v- Personal Injuries Assessment Board [2016] IECA 129 (04 May 2016)

Noel Recruitment (Ireland) Ltd -v- Personal Injuries Assessment Board [2016] IECA 129 (04 May 2016)

PIAB, having issued a first authorisation to an applicant for the same injury, is functus officio and precluded from issuing a second authorisation for the same injury and respondent, except where expressly permitted by statute. The statutory scheme is clear, and the right of access to courts is not breached where the applicant failed to act on the first authorisation within the limitation period.

Citation
[2016] IECA 129
Parties
Applicant/first Respondent: Noel Recruitment (Ireland) Limited; Respondent/second Respondent: Personal Injuries Assessment Board; Notice Party/appellant: Moro Issak, otherwise known as Michael Chapwanya
Jurisdiction
Ireland
Judgment Date
04 May 2016
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Personal Injuries Assessment Board Act 2003, Statutory Interpretation, Functus Officio, Limitation Periods, Access to Courts
Administrative Law Personal Injury Law Personal Injuries Assessment Board Act 2003 Statutory Interpretation Functus Officio Limitation Periods Access to Courts

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Parties

Noel Recruitment (Ireland) Limited

Applicant/first Respondent

Personal Injuries Assessment Board

Respondent/second Respondent

Moro Issak, otherwise known as Michael Chapwanya

Notice Party/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether PIAB can issue a second authorisation for the same injury after a first authorisation has issued and not been acted upon
  2. 2 Whether the statutory scheme permits multiple applications for the same injury
  3. 3 Whether refusal to permit a second authorisation breaches constitutional right of access to courts

Ratio Decidendi

PIAB, having issued a first authorisation to an applicant for the same injury, is functus officio and precluded from issuing a second authorisation for the same injury and respondent, except where expressly permitted by statute. The statutory scheme is clear, and the right of access to courts is not breached where the applicant failed to act on the first authorisation within the limitation period.

Court Disposition

Appeal dismissed

Orders

  • Declaration that the second authorisation is invalid insofar as it authorises proceedings against Noel Recruitment (Ireland) Limited