Campbell -v- O'Donnell & ors [2008] IESC 32 (07 May 2008)

Campbell -v- O'Donnell & ors [2008] IESC 32 (07 May 2008)

Proceedings against the MIBI to recover damages awarded against uninsured drivers are 'civil actions' within the meaning of the PIAB Act 2003 and require prior reference to the Personal Injuries Assessment Board; the statutory exception in s.4(1)(i) does not apply as the relief sought is not in respect of any other cause of action.

Citation
[2008] IESC 32
Parties
Plaintiff/appellant: Michael Campbell; Defendant: Padraig O'Donnell; Defendant: Gavin Boyle; Defendant: Motor Insurers Bureau of Ireland; Notice Party: Minister for Transport
Jurisdiction
Ireland
Judgment Date
07 May 2008
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal dismissed; High Court order affirmed.
Legal Topics
Personal Injuries Assessment Board Act 2003, Motor Insurers Bureau Agreement, Vicarious Liability, Personal Injury Claims, Statutory Exclusion Clauses
Tort Law Insurance Law Statutory Interpretation Personal Injuries Assessment Board Act 2003 Motor Insurers Bureau Agreement Vicarious Liability Personal Injury Claims Statutory Exclusion Clauses

Case Brief

Summary, issues, holding and outcome

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Parties

Michael Campbell

Plaintiff/appellant

Padraig O'Donnell

Defendant

Gavin Boyle

Defendant

Motor Insurers Bureau of Ireland

Defendant

Minister for Transport

Notice Party

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether proceedings against the Motor Insurers Bureau of Ireland (MIBI) require prior reference to the Personal Injuries Assessment Board (PIAB) under the PIAB Act 2003
  2. 2 Whether such proceedings are 'civil actions' within the meaning of the PIAB Act
  3. 3 Whether the exception in s.4(1)(i) of the PIAB Act applies to actions against the MIBI

Ratio Decidendi

Proceedings against the MIBI to recover damages awarded against uninsured drivers are 'civil actions' within the meaning of the PIAB Act 2003 and require prior reference to the Personal Injuries Assessment Board; the statutory exception in s.4(1)(i) does not apply as the relief sought is not in respect of any other cause of action.

Court Disposition

Appeal dismissed; High Court order affirmed.

Orders

  • Plaintiff's appeal dismissed.
  • Proceedings against MIBI require prior reference to the Personal Injuries Assessment Board under the PIAB Act 2003.