O'Brien v. Personal Injuries Assessment Board & Anor [2005] IEHC 101 (11 March 2005)

O'Brien v. Personal Injuries Assessment Board & Anor [2005] IEHC 101 (11 March 2005)

The Personal Injuries Assessment Board, by declining to accept or act upon the applicant's solicitor's authority and by corresponding directly with the applicant, acted in breach of s. 7 of the Personal Injuries Assessment Board Act, 2003 or without authority under any other provision of the Act.

Citation
[2005] IEHC 101
Parties
Applicant: Declan O'Brien; Respondent: Personal Injuries Assessment Board; Respondent: Attorney General
Jurisdiction
Ireland
Judgment Date
11 March 2005
Procedural Posture
Judicial Review / Post Judgment; Determination of Form of Order and Costs
Outcome
Declaration granted in favour of applicant; costs awarded as specified.
Legal Topics
Statutory Interpretation, Ultra Vires, Judicial Review Procedure, Legal Representation and Authority
Administrative Law Personal Injury Law Statutory Interpretation Ultra Vires Judicial Review Procedure Legal Representation and Authority

Case Brief

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Parties

Declan O'Brien

Applicant

Personal Injuries Assessment Board

Respondent

Attorney General

Respondent

Procedural Posture

Judicial Review / Post Judgment; Determination of Form of Order and Costs

Legal Issues

  1. 1 Whether the Personal Injuries Assessment Board acted in breach of s. 7 of the Personal Injuries Assessment Board Act, 2003 by corresponding directly with the applicant despite a solicitor's authority
  2. 2 Whether the Board's conduct was ultra vires the Act as a whole

Ratio Decidendi

The Personal Injuries Assessment Board, by declining to accept or act upon the applicant's solicitor's authority and by corresponding directly with the applicant, acted in breach of s. 7 of the Personal Injuries Assessment Board Act, 2003 or without authority under any other provision of the Act.

Court Disposition

Declaration granted in favour of applicant; costs awarded as specified.

Orders

  • Declaration that the respondent acted in breach of s. 7 of the Personal Injuries Assessment Board Act, 2003 or without authority under any other provision of the Act by corresponding directly with the applicant despite solicitor's authority.
  • No ruling on other agreed issues as unnecessary.