Personal Injuries Assessment Board Act 2003

Application for assessment.

11

11.—(1) A claimant shall make an application under this section to the Board for an assessment to be made under section 20 of his or her relevant claim.

(2) That application shall be in the form specified by rules under section 46 and be accompanied by such documents as may be so specified.

(3) Without prejudice to the generality of section 46 as regards the documents that may be specified for the foregoing purpose, the documents that may be specified for that purpose include—

( a) a document that has been given or sent, by or on behalf of the claimant, to the person or persons whom he or she believes to be liable to pay compensation to him or her in respect of the claim, notifying the person or persons of his or her relevant claim and seeking the payment of compensation,

( b) copies of any other correspondence between the claimant and that person or those persons in relation to the relevant claim,

( c) a report prepared by a medical practitioner who has treated the claimant in respect of the personal injuries, the subject of the relevant claim, in relation to those injuries,

( d) receipts, vouchers or other documentary proof in relation to loss or damage in respect of which special damages are being sought in the relevant claim.

(4) If an enactment or a rule of court (whether passed or made before or after the passing of this Act) requires notice of any accident or occurrence that has given rise to personal injuries being sustained by a person to be given, prior to a civil action being pursued in respect of those injuries, to the person or persons alleged to be responsible for them, then the reference in subsection (3) (a) to the document mentioned in that provision shall be construed as a reference to such a notice.

(5) When it appears to the Board, in circumstances where the presumption provided for by section 18 (presumption as to full capacity) is rebutted in relation to the applicant, that an applicant under this section is not of full capacity the Board shall not deal with the applicant's application (but without prejudice to its duty, subject to section 17 , to deal with a fresh application subsequently made under this section on his or her behalf by a next friend or a committee of him or her).