Personal Injuries Assessment Board Act 2003

Parties to indicate whether or not they accept assessment.

30

30.—(1) Having made their assessment of a relevant claim the assessors shall reduce the assessment to writing and the Board shall serve the assessment on the claimant and the respondent or each of the respondents, together with the following notice.

(2) That notice is a notice requesting—

( a) in the case of a notice served on the claimant, the claimant to state to the Board in writing within 28 days, or such greater period as may be specified by rules under section 46 , from the service of the notice whether he or she accepts the assessment, and

( b) in the case of a notice served on a respondent, the respondent to state to the Board in writing within 21 days from the service of the notice whether he or she accepts the assessment.

(3) If—

( a) a next friend or, as appropriate, a guardian of the claimant or the respondent, (or, as the case may be, any one or more of 2 or more respondents) who is a minor or a person of unsound mind is acting on behalf of the claimant or that respondent or those respondents in the matter, or

( b) a committee of the claimant or the respondent (or, as the case may be, any one or more of 2 or more respondents) who is a person of unsound mind is acting on behalf of the claimant or that respondent or those respondents in the matter,

the notice referred to in subsection (1) shall also include a direction to the next friend, guardian or committee that he or she or it obtain legal advice from a person who is independent of him or her or it as to whether the assessment ought to be accepted.

(4) The reference in subsection (2)(a) to a statement as to the acceptance of the assessment is, if the claim concerned falls within subsection (3) F6 [ or is one relating to a proposed action for damages under section 48 of the Act of 1961 ], a reference to a statement as to the acceptance (subject to the approval of the court under section 35 of the assessment) of the assessment.

Annotations:

Amendments:

F6

Inserted (21.07.2004) by Civil Liability and Courts Act 2004 (31/2004), s. 32(2), commenced as per s. 1(3), subject to transitional provision in s. 6.