LEGAL ARTICLES BY MARK TIERNAN SOLICITOR RELATING TO PERSONAL INJURIES

Article by Mark Tiernan Solicitor on the effect of the O’Brien case on the Personal Injuries Assessment Board (PIAB).

As a result of the Supreme Court decision in the O’Brien case all personal Injury claimants have the right to be legally represented before the PIAB.

The O’Brien case involved a claimant (Mr. O’Brien) who made it clear in writing that he wanted his solicitor to handle his personal injuries action. The PIAB notwithstanding the authorisation continued to contact Mr. O’Brien directly. Mr. O’Brien became frustrated and instructed his solicitor to seek an Injunction preventing the PIAB from contacting him directly and interfering with the solicitor/client relationship.

On the 25th January 2005 a decision was handed down by the High Court which effectively stated that the procedures in a personal injuries case were by reason of their complexity, importance and potential consequences such to justify, not only access to legal advice but also such rights to legal representation as were identified in the case.
This decision was appealed to the Supreme Court by the PIAB.

The crux of the Supreme Court decision was that there are both pitfalls and complexities that arise in a personal injuries application that cannot be forseen or indeed solved by a personal claimant. It was stated that the option to use a solicitor must be available to ensure fair procedures.
Mrs Justice Denham went on to say that ‘The lawyer places the person on an equal footing. It creates a situation which is even handed.’ She also stated that the PIAB policy of refusing to correspond directly with the claimant’s legal representative was a direct interference with the applicant’s right to legal representation and indirect interference with the applicant’s right of property in his personal injuries action.

To conclude therefore the judgement is good news for personal injuries claimants
in that in it should in allowing them to be legally represented place them on an equal footing in their fight for justice.

Should you have any questions on the PIAB and their procedures please do not hesitate to contact Mark Tiernan Solicitor on 01 6622822.

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