Personal Injuries Assessment Board Act 2003

F19 [ Costs in proceedings where claimant or respondent does not comply with request of assessors

51C

51C. (1) This section applies to a relevant claim where

( a ) the assessors have requested the claimant to furnish to them additional information or documents pursuant to section 23(1) and the claimant has not complied with that request,

( b ) the assessors have requested the respondent or respondents to furnish to them additional information or documents pursuant to section 23(2) and the respondent or respondents has or have not complied with that request,

( c ) the assessors have requested the claimant or the respondent or respondents to provide assistance to retained experts or furnish information or documents or co-operate with those experts pursuant to section 23(4) and the claimant or the respondent or respondents, as appropriate, has or have not complied with that request, or

( d ) the assessors have requested the claimant to submit himself or herself to a medical examination pursuant to section 24(2) and the claimant has not submitted himself or herself to the medical examination.

(2) If as respects a relevant claim to which this section applies, a claimant brings proceedings in accordance with this Act, the court may, in its discretion, taking into account any failure to comply or submit in the manner specified in subsection (1) and all other relevant circumstances, order that

( a ) no award of costs nor any other order providing for payment of costs may be made

(i) in favour of the claimant where subsection (1)(a) or (1)(d) applies,

(ii) in favour of the defendant or defendants where subsection (1)(b) applies, or

(iii) in favour of the claimant or the defendant or defendants, as appropriate, where subsection (1)(c) applies,

( b ) the claimant pay all or a portion of the costs of the defendant or defendants where subsection (1)(a) , (c) or (d) applies, or

( c ) the defendant or defendants pay all or a portion of the costs of the claimant where subsection (1)(c) applies.

(3) This section applies notwithstanding section 51 . ]

Annotations:

Amendments:

F19

Inserted (3.04.2019) by Personal Injuries Assessment Board (Amendment) Act 2019 (3/2019), s. 8(1), S.I. No. 123 of 2019, subject to transitional provision in subs. (2).

Editorial Notes:

E16

The section heading is taken from the amending section in the absence of one included in the amendment.