Personal Injuries Assessment Board Act, 2003, Damages Road traffic accident
Damages - Road traffic accident - Statute of Limitations Acts 1957 and 1991 - S.7 of the Civil Liability and Courts Act 2004 - Delay - Personal Injuries Assessment Board Act, 2003
Facts: The preliminary issue in the present proceedings was whether the plaintiff’s claim was statute barred. The plaintiff took the plea of estoppel against the defendant. The plaintiff claimed that she had waited for the defendant to make a statement that liability would not be an issue in the claim, but the plaintiff did not make an application to the Personal Injuries Assessment Board (PIAB) within the stipulated time limit.
Held: Mr. Justice Bernard J. Barton held that the plaintiff had failed to discharge the onus in relation to the plea of estoppel. The Court held that the defendant could rely on the plea that the present claim was statute barred. The Court found that the cause of action had accrued on the date of accident and it was within the knowledge of the plaintiff and her solicitor that they had to make an application to PIAB within the specified time limit. The Court held that the failure to obtain clarity in relation to the liability from the defendant would not be a ground for excusing the delay in making the relevant application.
McFadden, Teresa v Neuhold, Andrea
7/4/2017 No. 2014/132 P  IEHC 240