Rules of the Superior Courts (Personal Injuries Assessment Board Act 2003) 2004
Statutory Instruments
Source: Statutory Instruments

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paragraphs: The Rules of the Superior Courts are hereby amended by:
(i) the insertion in Order 4, immediately following rule 3 thereof, of the following rule:
“3A. In the case of proceedings the bringing of which requires to be authorised in accordance with sections 14, 17, 32, 36 or 49, or rules under section 46(3) of the Personal Injuries Assessment Board Act 2003 , the indorsement of claim shall contain a statement
(a) confirming that the proceedings have been authorised by the Personal Injuries Assessment Board,
(b) specifying the section of the Personal Injuries Assessment Board Act 2003 or the rule made under section 46(3) of that Act in accordance with which such authorisation has been issued, and
(c) citing the date of issue of the authorisation and any reference or record number relating to such authorisation.”
(ii) the insertion in Order 22, immediately following sub-rule (10) of rule 10 thereof, of the following sub-rule:
“(11) In the case of applications for the approval by the Court of an assessment under section 35(2) of the Personal Injuries Assessment Board Act 2003 (in this sub-rule hereinafter referred to as “the 2003 Act”), the following procedure shall apply:
(a) An application for the approval of the Court shall be made by motion ex parte by the next friend, committee or other person referred to in section 35(1) of the 2003 Act.
(b) The application shall be grounded upon an affidavit entitled
“IN THE MATTER OF THE PERSONAL INJURIES ASSESSMENT BOARD ACT 2003
and
“IN THE MATTER OF AN APPLICATION RELATING TO A.B., A [MINOR OR PERSON OF UNSOUND MIND], OF [ADDRESS] BY C.D., ACTING AS [STATE CAPACITY] ON BEHALF OF THE SAID A.B.”
(c) Such application shall be made to the President of the High Court or a Judge assigned by the President to hear such applications.
(d) When approving such an assessment the Court may appoint a person of full age to act as next friend of the minor or, where appropriate, of the person of unsound mind.
(e) Where applicable, the provisions of Order 22, rule 10(3) to (6) and rule 11 shall apply mutatis mutandis to assessments made in favour of minors or persons of unsound mind approved in accordance with this sub-rule in respect of the amount recoverable in accordance with section 38 of the 2003 Act.
(f) The Registrar shall send by ordinary prepaid post or by e-mail to the Personal Injuries Assessment Board a certified copy of any order made pursuant to this sub-rule.
(g) In the event of an order to pay issuing in accordance with section 38 of the 2003 Act, a copy thereof shall be sent forthwith by the Personal Injuries Assessment Board to the Registrar in the Central Office by ordinary prepaid post or by e-mail”.
(iii) the insertion in Order 41, immediately following rule 19 thereof, of the following rule:
“20. The provisions of these Rules which relate to the enforcement of a judgement shall apply, with any necessary modifications, to an order to pay issued by the Personal Injuries Assessment Board in accordance with section 38(1) of the Personal Injuries Assessment Board Act 2003 , and any Form in the Appendices to these Rules which contains a reference to a judgement may, where appropriate, be modified to refer to such an order to pay”.
(iv) the insertion in Order 52, immediately following rule 7 thereof, of the following rule:
“7A. In the case of applications to which section 12(2) of the Personal Injuries Assessment Board Act 2003 applies (in this sub-rule hereinafter referred to as “the 2003 Act”), the motion shall be grounded upon an affidavit entitled
“IN THE MATTER OF SECTION 12 OF THE PERSONAL INJURIES ASSESSMENT BOARD ACT 2003 ”
and the Court may give such directions as to the service of the application (and as to the service of any affidavit permitted in reply to the application) or as to the service of any order made on such application on any person as seem appropriate”.
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paragraphs: These rules shall come into operation on the 10th day of August 2004.
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paragraphs: These rules shall be construed together with the Rules of the Superior Courts 1986 to 2004 and may be cited as the Rules of the Superior Courts (Personal Injuries Assessment Board Act 2003) 2004.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Rules amend the Rules of the Superior Courts 1986 ( S.I. No. 15 of 1986 ) and make provision for applications under the Personal Injuries Assessment Board Act 2003 .