A legal challenge has been lodged against the Personal Injuries Assessment Board's policy of dealing directly with claimants rather than through their solicitors.
Mr Declan O'Brien (31), of Tullamore, Co Offally, today applied to the High Court to seek a judicial review of the PIAB's procedures. He is currently seeking damages for back injuries allegedly sustained in an accident at the meat factory where he works in Kilbeggan, Co Westmeath.
He claims his constitutional right to be represented by a solicitor is being breached because the Board was seeking to deal directly with him rather than conduct dealings through his authorised solicitor, Mr Denis Boland of Newbridge, Co Kildare.
Mr Harry Whelehan SC, for Mr O'Brien, secured leave from Mr Justice deValera to seek, in judicial review proceedings, a number of orders and declarations against the Board. The matter will be heard again on October 12th.
The application was made on an ex partebasis. However, prior to Mr Whelehan opening the application, Mr David Barniville said he was representing the PIAB, which had been notified of the intention to make the application.
Mr Barniville said he was attending the court out of courtesy and wanted to indicate that the Board was anxious, in the event of the court granting leave for the proceedings, that the case should be heard as soon as possible as it had implications for other cases.
The PIAB said in a statement this afternoon that it welcomed the opportunity to clarify the issue in court. The board said it was committed to working entirely within the powers granted to it in the Personal Injuries Assessment Board Act of 2003.
Pending any court order, it would continue with its policy of dealing directly with claimants "to ensure they are fully informed as to the progress of their claim", the statement said. "PIAB will continue to copy correspondence to any representative when requested to do so by a claimant".
The Government established PIAB earlier this year as an alternative to court for personal injuries cases. The board adjudicates solely in cases where liability is not disputed. If either party is unsatisfied with the board's decision, it can then appeal to the courts.
The PIAB deals mostly with workplace and road accidents, as well as public liability claims. The policy of dealing directly with claimants rather than their solicitors is intended cut litigation costs from the overall personal injuries bill.
Medical negligence claims are still dealt with by the State Claims Agency.