Personal Injuries Assessment Board claims are facing legal challenges because of a defendant's right to withdraw an admission of liability should dissatisfied claimants appeal damages awards.
In the first such challenge to come before the courts yesterday, the judge was not called upon to make a ruling after a company which had admitted fault in a personal injury claim before PIAB gave an undertaking not to evade the issue of liability in the event of an appeal. Ms Sara Moorehead SC, counsel for Mr Francis Brady, Ardlo Manor, Mullagh, Co Cavan, told Judge Doirbhile Flanagan in the Circuit Civil Court her client had been injured in an accident involving a forklift loader at his place of work.
He was suing his employer, Barefoot Marketing Ltd, Knockmitten Lane, Western Industrial Estate, Dublin, which had conceded liability for the purpose of the matter being dealt with before the assessment board.
Ms Moorehead told the court Mr Brady's solicitor, Mr Blake Horrigan, had written to Barefoot Marketing seeking an undertaking to preserve the defective forklift in case of a later appeal in which case the defendant could legally withdraw its admission of liability.
She said Barefoot Marketing had not responded to Mr Horrigan's letter and Mr Brady had been forced to bring a motion before the court seeking an order directing the defendant to preserve the forklift truck.
Ms Moorehead said that following the issuing of court proceedings, the Eagle Star Insurance Company had written to Mr Horrigan on behalf of Barefoot Marketing saying that liability would not become an issue, even in the event of an appeal.
It had been necessary to proceed with the court action to extract that concession from the defendants in court.
When the undertaking was stated in court by Mr Rossa Fanning, counsel for the defendant, Judge Flanagan struck out the motion and awarded costs to Mr Brady's legal team. Mr David Barniville appeared for the assessment board.
Afterwards it was learned that a number of legal challenges to proceedings before PIAB are in the pipeline, seeking either the preservation of evidence or the scene of an accident in the event of appeals.
Claimants before PIAB are also entitled to seek court orders restraining defendants from taking money out of the country, or seeking to dissipate their assets to evade judgment.