Injuries Board applications

Litigation 05/02/2016

The Litigation Committee engages on a regular basis with the Injuries Board through the Injuries Board User Group. The group meets twice yearly to discuss concerns and developments in relation to the Injuries Board’s processes. Recently, the Injuries Board highlighted a number of common errors it has observed in applications (Form A) submitted to it by solicitors on behalf of claimants. Some of these errors can impede registration of the application.

In the interests of avoiding unnecessary delays and ensuring a smoother process, practitioners should pay particular attention to the following drafting points.

In order to avoid a delay in registration of the application:

  • The claimant’s name should be identical on the application and the covering letter,
  • The respondent must be correctly named (including its status as a limited company where appropriate), and this name should be identical on the application and the covering letter,
  • A full and accurate address should be provided in Form A for the claimant and each and every respondent,
  • The date of the accident must be accurate and therefore should not differ on Form A, the medical report provided (Form B), and/or the covering letter,
  • Form A must be signed and dated.

Inclusion of the following information in Form A will avoid delays in the process after registration:

  • The respondent’s insurance details,
  • The accident location,
  • Details of the injuries,
  • Confirmation whether or not the medical report submitted adequately describes the injuries sustained,
  • Details of previous accidents/injuries.

When seeking to issue court proceedings after the Injuries Board process, it is essential that the names of the parties on the proceedings and the relevant Injuries Board authorisation are identical. The court offices will not issue the proceedings where there are discrepancies. Titles such as ‘Dr’, ‘Reverend’ or ‘Fr’ should not be used in the title to court proceedings. Therefore, such titles should not be used in the Injuries Board application.