Background

The Personal Injuries Board Resolution Act 2022 amends the Personal Injuries Assessment Board Acts 2003 - 2019.

The Minister of State for Trade Promotion, Digital and Company Regulation has confirmed that commencement of its second phase is scheduled for 4 September 2023. This phase involves changes to PIAB’s application process, which you can view at the link below, as well as the 2022 Act.

• View proposed application changes relating to PIAB Solicitor Portal
• View the Personal Injuries Board Resolution Act 2022

Key changes

According to PIAB, there are three key changes to be aware of:

1. All PIAB application forms after the commencement of the legislation in September 2023 will require the claimant’s signature, even where the claimant is represented.
2. All applications to PIAB must be accompanied by a medical report prepared by a medical practitioner setting out the nature of the injuries allegedly sustained.
3. All applications will require more detailed descriptions in relation to when, where, and how the accident or incident causing the injury occurred.

Representing the profession

While the new legislation is broadly welcome, significant access to justice concerns arise in respect of a number of its provisions. These include proposals that submitting a PIAB application will no longer stop the clock on the Statute of Limitations unless:

1. a medical report (describing the injuries) is enclosed with the application; and
2. claimants have signed the application form prior to its submission.

In May the Law Society met with PIAB to outline concerns on these issues and to seek clarity around the provisions, which otherwise may be open to interpretation and challenge. Following this meeting, representatives sought and held a meeting with the Minister of State for Trade Promotion, Digital and Company Regulation on 19 July to highlight those concerns. 

The Minister is determined to press ahead with the commencement of this second phase is in September but has undertaken to seek further clarity from PIAB on these issues. The Law Society will update you if anything further arises.