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Injuries Board Applications 

See below for some essential drafting points to avoid delay in the Injuries Board process and when issuing proceedings on foot of an Injuries Board authorization.

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.

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.  

Solicitors’ Responsibilities in Court of Appeal Directions Hearings

The Litigation Committee wishes to draw the attention of practitioners to important measures that apply to civil appeals before the Court of Appeal.

When issuing a notice of appeal in a civil case the solicitor will receive a return date for a Directions Hearing before the Court of Appeal (Order 86A, rule 13(5) RSC). Solicitors acting for the appellant must, unless otherwise directed, lodge a Directions Booklet for the use of the Court, not later than 4 days before the date assigned for the Directions Hearing. This booklet must include:

• the judgment and/or order appealed from;

• the notice of expedited appeal, or notice of appeal, as the case may be;

• every respondents notice delivered, and

• any other document in the appeal to which any party proposes to refer to at the directions hearing.

Recently, failure by solicitors to lodge an appropriate Directions Booklet within the time provided for in the rules, has led to the making of costs orders against the solicitors personally.

It is also important to be aware that “the solicitor responsible for the conduct of the appeal” and counsel instructed in the appeal must attend the Directions Hearing (Order 86A, rule 16 (2) and 16 (3) RSC). 

Particular attention should also be given to Order 86A, rule 13(5) RSC which provides:

“Each counsel and solicitor attending the directions hearing shall ensure that he is sufficiently familiar with the proceedings, and has authority from the party he represents to deal with any matters that are likely to be dealt with at the directions hearing.”