O Brien V. Personal Injury Assessment Board

1053 Words3 Pages

The case law report the author has been given is Declan o Brien v personal injuries assessment board in this review the author will attempt to set out the facts, legal arguments, ratio decidendi and obiter dicta of the case.
The facts of the case are the applicant in august 2004 asked his solicitor to begin proceedings against his employer due to a work-place injury. The applicant signed over authority to his solicitor so his solicitor could act on his behalf and deal with the matter. This did not go down well with his employer and his employer refused to abide by the authority signed by the applicant to deal directly with his solicitor. On the 25th of January 2005 judgement was given in favour of the applicant with an order for costs in his …show more content…

The high court came to the conclusion that if the personal injuries assessment board wanted to deal directly with the applicant this was a breach of section 7 of the personal injuries board act 2003 and without authority.

Mrs Justice Denham said that “the Act was to allow the making of assessments in compensation for personal injuries without the need for legal proceedings. It created personal injuries assessment board as a different place for such assessments. The establishment of alternative methods of resolving issues has great merit, for example, in relation to family law issues”.
The announcement in the High Court order is based upon the conclusion of the learned High Court judge that the respondent acted unlawfully in the exercise of its statutory powers by refusing to deal with the applicant's duly appointed solicitor in connection with his claim for damages for personal injuries.The high court also ordered that the applicant must recover costs from the respondent in respect for the application for leave to bring judicial review, the costs of substantive hearing of three days and the cost of taking judgement must be …show more content…

Obviously the respondent has a wider interest than the applicant in so far as the conclusion and declaration of the High Court affects the manner in which it exercises its statutory functions, not only vis-à-vis the applicant but with regard to some thousands of other applications made to it. This situation has been arrived at by virtue of the fact that the High Court determined the obligations of the respondent to the applicant in the exercise of its statutory powers. It is acknowledged that none of these issues could be considered to have become moot prior to January 26, 2006, the date when the applicant was authorised to bring legal proceedings and no longer had to deal with the

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