LP News issue 17 - UK P&I Members Area

personal injury continuedCivil Liability and Courts Act2004The aim of this legislation is to speed up andstreamline personal injury litigation, todiscourage exaggerated claims and topenalise claimants who give false andmisleading evidence.Key features■■In personal injury claims each party isrequired to swear an affidavit verifyingthe allegations made in the pleadings;criminal penalties are provided for falseor misleading claims.A defendant may require the plaintiffto provide details of any previouspersonal injury claims made and anycourt awards received or settlementsreached. This novel provision is aimed atdiscouraging serial litigants.Quantum although it is not bound to introduction of new procedures andfollow its guidelines on compensation penalties under the Civil Liability and Courtslevels.Act 2004, will significantly alter the personalinjury regime in Ireland by reducing the timeImplications for insurers and shipand cost involved in processing personaloperatorsinjury claims where liability is admitted andThese two initiatives, namely theby streamlining the litigation process whereestablishment of the PIAB and thecases are contested ■PIAB – the Personal Injuries Assessment Board(adapted from PIAB’s process map on www.piab.ie)Claimant submits claim accompanied by medicalreports and PIAB’s feeIf documentation properly completed, limitation periodstops running upon acceptance of claim by PIAB➤Respondent receives copy of submission■■■■■■To reduce lengthy oral hearings, thecourt can direct that evidence be givenon affidavit; the right to cross-examineis preserved however.The Act will reduce the limitation periodfor the commencement of personalinjury actions from three to two years(effective from 31 March 2005).Plaintiffs are required to serve a noticein writing setting out the terms uponwhich they are prepared to settle aclaim. In determining costs the courtcan take the offer, and the defendant’srefusal to accept it, into account. Up tonow, the scope for making a formalsettlement offers, by means of apayment into court, has been limited todefendants.The legislation gives the court power todirect the parties to engage in amediation process and the court haspower to penalise, in costs, a party whorefuses to do so.Rules of court are to be introduced tostreamline the handling of personalinjury claims with the introduction ofcase management procedures andprovision for pre-trial hearings.In dealing with claims, the court musthave regard to the PIAB Book ofMatter isfinalised and nolitigation occurs➤➤Respondent admits liabilityRespondent denies liabilityLiability admitted on a‘without prejudice’ basis➤ ➤Compensation is assessedwith reference to the PIABBook of QuantumAssessment issued by PIAB➤➤PIAB award is PIAB award isaccepted by rejected byboth parties both parties➤➤➤PIAB issues a release certificate➤Claimant may initiate litigation; every personal injuriesaction will be subject to the new procedural rulesstemming from the Civil Liability and Courts Act 200422