High Court: (i) rejects assessment of €20,000 (plus special damages and fees and expenses) by the Personal Injuries Assessment Board in respect of personal injuries claim on the part of the infant minor applicant, on the grounds that: (a) a minor will not be bound by an assessment accepted on their behalf by their next friend unless and until the assessment is subsequently approved by the appropriate court; and (b) having regard to the two reports of the consultant orthopaedic surgeon, the assessment does not reflect the full value of the claim; (ii) makes a declaration that, on receipt of a certified copy of the order, the Personal Injuries Assessment Board may issue an authorisation to issue personal injuries proceedings; and (iii) makes no order as to costs for the application, on the ground that it would be unfair to expect the respondent to bear the costs of the application which was avoidable and unnecessary as the next friend could have simply rejected the assessment without the requirement to go to Court.
Personal injuries - infant ruling - application to accept or reject the assessment of damages by the Personal Injuries Assessment Board ("PIAB") in relation to a personal injuries claim on the part of the applicant - Section 35 of the PIAB Act 2003 - the approval of the court is required in respect of any proposed compromise as the applicant is a minor - the injured party made an application to PIAB for injuries suffered in a road traffic accident - PIAB assessed general damages in the sum of €20,000 (together with a sum of €1,187 in respect of special damages, i.e. losses and expenses incurred, and fees and other expenses - the injured party, through her mother and next friend, had initially indicated that she intended to accept PIAB’s assessment - the next friend sought additional legal advice, and an opinion was obtained from counsel in relation to the value of the personal injuries claim - counsel suggested that further medical reports be obtained in respect of the injury which the Injured Party had received to her ankle as her next friend was worried the ankle was weaker and there was residual effects after sporting activities - subsequent reports were obtained and indicated surgery may be required in the future - the injured party, having accepted the assessment, was now asking the court to reject it - whether the injured party was bound by the decision of the next friend to accept the assessment - whether the assessment reflected the full value of the claim - whether the court should award the costs of the application - assessment rejected - no order as to costs.