O'Brien -v- Personal Injuries Assessment Board [2008] IESC 71 (19 December 2008)

O'Brien -v- Personal Injuries Assessment Board [2008] IESC 71 (19 December 2008)

The Personal Injuries Assessment Board Act 2003 does not expressly or by necessary implication exclude the right of a claimant to legal representation before PIAB. PIAB's policy of corresponding directly with claimants, despite solicitor authorisation, is not authorised by the Act and constitutes an unjustified interference with the right to legal representation. PIAB must accept and act upon a claimant's authorisation for solicitor representation, though it may also keep claimants informed by copying correspondence.

Citation
[2008] IESC 71
Parties
Applicant/respondent: Declan O'Brien; Respondent/appellant: Personal Injuries Assessment Board; Amicus Curiae: Law Society of Ireland
Jurisdiction
Ireland
Judgment Date
19 December 2008
Procedural Posture
Appeal (from High Court) / Supreme Court Judgment
Outcome
Appeal dismissed; High Court order affirmed
Legal Topics
Right to Legal Representation, Statutory Interpretation, Administrative Procedure, Solicitor/client Relationship, Personal Injuries Assessment Board Procedures
Administrative Law Personal Injury Law Constitutional Law Right to Legal Representation Statutory Interpretation Administrative Procedure Solicitor/client Relationship Personal Injuries Assessment Board Procedures

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Parties

Declan O'Brien

Applicant/respondent

Personal Injuries Assessment Board

Respondent/appellant

Law Society of Ireland

Amicus Curiae

Procedural Posture

Appeal (from High Court) / Supreme Court Judgment

Legal Issues

  1. 1 Whether PIAB is entitled under the Personal Injuries Assessment Board Act 2003 to correspond directly with a claimant who has appointed a solicitor, or must correspond with the solicitor if so authorised
  2. 2 Whether PIAB's policy of corresponding directly with claimants, despite solicitor authorisation, is lawful or an interference with the right to legal representation

Ratio Decidendi

The Personal Injuries Assessment Board Act 2003 does not expressly or by necessary implication exclude the right of a claimant to legal representation before PIAB. PIAB's policy of corresponding directly with claimants, despite solicitor authorisation, is not authorised by the Act and constitutes an unjustified interference with the right to legal representation. PIAB must accept and act upon a claimant's authorisation for solicitor representation, though it may also keep claimants informed by copying correspondence.

Court Disposition

Appeal dismissed; High Court order affirmed

Orders

  • PIAB must recognise the right to legal representation and correspond with the applicant's solicitor if so authorised.
  • PIAB may copy correspondence to the claimant but must not bypass the solicitor where authorised.