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Claim is statute barred due to delay in providing date of alleged injuries to injuries board

By: Colm Scott Byrne BL

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High Court dismisses appeal of a Circuit Court Order dismissing the plaintiff's personal injuries claim as statute barred, on the grounds that an application to the Personal Injuries Assessment Board was not deemed to be made until the plaintiff provided the date of alleged injuries, which did not occur until almost three years after initially submitting the form.

Personal injuries - appeal from an Order of the Circuit dismissing the plaintiff's claim on the grounds it was statute barred - Statute of Limitations (Amendment) Act 1991 (as amended) - section 50 of the Personal Injuries Assessment Board Act 2003 - plaintiff failed to provide date of alleged injury when initially submitting PIAB form - significant correspondence whereby Personal Injuries Assessment Board sought the date of the alleged injury - delay of almost 3 years in providing the date - no application made for the purposes of the PIAB Act until such time as an application which provides the information specified in the pro forma application form is provided - specified information includes the date of alleged injury - date of injury is of central importance to the assessment of a claim - proceedings were statute barred - appeal dismissed.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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