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High Court, in judicial review proceedings taken by former employer of notice party to whom the respondent, the Personal Injuries Assessment Board (PIAB), issued two separate authorisations to bring proceedings concerning the same workplace personal injury claim in 2010 and 2011, in circumstances where proceedings only issued on foot of the second authorisation, finds that the Board is not permitted to issue a second authorisation under the circumstances once a prior authorisation on the same facts has already issued, as to do so would allow applications to defeat the operation of the Statute of Limitations.
Judicial review - certiorari - authorisation granted by respondent to notice party to bring proceedings against applicant in circumstances where an authorisation to same notice party in respect of same incident already exists - personal injuries allegedly suffered whilst lifting bags of potatoes in warehouse in Dublin for employer - applicant notified of first authorisation in October 2010 - no proceedings subsequently issued - applicant notified of second authorisation in July 2011 - both authorisations carried same reference number - proceedings issued on foot of second authorisation by notice party - legislative framework - whether applicant lacks standing to have second authorisation quashed - constitutional right of access to the courts - no express prohibition against issuing second authorisation - doctrine of functus officio - powers of Board - operation of Statute of Limitations - second authorisation concerning same incident not permitted to defeat operation of statute.
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