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PIAB cannot issue second authorisation in respect of same injury
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Court of Appeal dismisses appeal from High Court, and upholds order quashing the issuing of a second authorisation by the Personal Injuries Assessment Board following a claim for compensation, on the grounds that once PIAB issues an authorisation to an applicant who has lodged an application for assessment of damages pursuant to statute, it is thereafter precluded from issuing another authorisation on foot of a later application by the same applicant in respect of the same injury, unless it does so some other provision of the relevant statute which empowers it to do so.
Personal injuries – PIAB received second application for compensation arising out of the same incident – Personal Injuries Assessment Board Act, 2003 – whether the second authorisation which also joined Tesco was invalid – High Court quashed the second authorisation – s. 46(3)(b) of the Act – res judicata – ‘functus officio’ – ambiguity in the statutory scheme – s.3 of the Statute of Limitations (Amendment) Act, 1991 as amended by s. 7 of the Civil Liability and Courts Act, 2004 – Hogan & Morgan: Administrative Law in Ireland, 4th ed. Round Hall – reliance on s. 46 and the absence of any provision excluding a second application – Rule 6 and Rule 7 of the Personal Injury Assessment Board Rules 2004 (S.I. No. 219 of 2004) – declaration as to the invalidity of the second authorisation in so far as it authorises the commencement of proceedings against plaintiff is warranted – appeal dismissed.
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