Personal Injuries Assessment Board Act 2003

Fees or expenses where direction referred to in section 30(3) given.

45

45.—(1) If a direction to the next friend or committee of the claimant of the kind referred to in subsection (3) of section 30 is included in a notice under that section that direction shall include the following statement.

(2) That statement is one to the effect that the Board will direct, if the assessment concerned is accepted by the claimant and accepted or deemed to be accepted by the respondent or one or more of the respondents, that the respondent or respondents who accept or are deemed to have accepted the assessment shall pay to the claimant, in addition to the amount of the assessment and any amount directed to be paid under section 44 , the whole of the fees or expenses reasonably incurred by the next friend or committee in complying with the direction referred to in subsection (1).

(3) If the assessment is accepted or deemed to be accepted, in accordance with this Part, by the claimant and the respondent or one or more of the respondents the Board shall direct that that respondent or those respondents shall pay to the claimant the whole of the fees or expenses referred to in subsection (2).

(4) If a direction under subsection (3) is given, and the respondent or respondents concerned and the next friend or committee of the claimant cannot agree as to what is the amount, for the purposes of this section, of the fees or expenses reasonably incurred by the next friend or committee in complying with the direction referred to in subsection (1), those fees and expenses shall be taxed by a Taxing Master of the High Court or, if the Board determines it would be more appropriate, having regard to the limited amounts involved, for a county registrar to do so and so directs, the county registrar for the circuit of the Circuit Court in which the respondent or any of the respondents concerned resides or carries on business.

(5) A reference in this Act to an amount specified in an order to pay shall, in so far as the reference relates to an amount the subject of a direction under subsection (3), be deemed to be a reference to the amount, as agreed between the parties concerned or taxed under subsection (4), in respect of the fees or expenses the subject of that direction.