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High Court, in judicial review proceedings concerning the applicant's entitlement to make a claim to an insurance compensation fund to recover monies awarded in her favour and against a former construction company (and in default, it's UK based insurer) following successful fatal injuries litigation, decides first issues of complex statutory interpretation in holding the applicant unable to make such a claim by virtue of the prospective-only effects of amending legislation in 2011 together with certain unmet requirements necessitated by the pre-existing law.
Judicial review - whether applicant entitled to make a financial claim from an insurance compensation fund in order to recoup such monies obtained in judgment against construction company (no longer trading) following protracted fatal injuries litigation involving her deceased husband - determination of issues of complex statutory interpretation to be answered first prior to answering any question(s) concerning the implementation of EU law - fund established and administered by virtue of the Insurance Act 1964 - whether the Act applies to the applicant's case - sum of €794,795 due to applicant - former insurer ('IICL') (based in UK) of construction company itself in liquidation - whether Act only applies to Irish insurers - interpretation of 2011 amending legislation and its intended extension to apply to EU/EEA insurers - 2011 Act does not have retroactive effect requiring foreign insurers to contribute to Irish fund - whether IICL as the insurer was indeed an 'insurer' for the purposes of the Insurance Acts prior to 2011 - only insurers granted authorisation by Minister under 1976 regulations regarded as 'insurers' for purposes of the 1964 Act and the fund - whether the insurers' winding up was commenced by the Irish High Court - conclusions on statutory interpretation - amending legislation of 2011 enlarging the financial sources of the fund to EU based insurers only intended to have prospective effect - IICL not an 'insolvent insurer' for purposes of 1964 Act
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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