Personal Injuries Assessment Board Act 2003

Procedures if not everyone of 2 or more respondents consents to assessment being made.


15.—If there are 2 or more respondents as respects a relevant claim and one or more but not all of them makes a statement in writing of the kind referred to in section 14(2) the following provisions have effect—

(a) the Board, despite the making of such a statement, shall, subject to sections 17 and 18, arrange for an assessment to be made under section 20 of the claimant's relevant claim,

(b) the assessment made under that section, though subsequently accepted, if such be the case, by the other respondent or respondents, shall not be binding on the respondent or respondents who made such a statement, (the “non-participating respondent or respondents”), and

(c) section 14 shall have effect as if the following subsections were substituted for subsection (4):

“(4) An authorisation under this section shall state that the claimant is authorised to, and operate to authorise the claimant to, bring proceedings in respect of his or her relevant claim against only the non-participating respondent or respondents (within the meaning of section 15) but this subsection is subject to the following subsection.

(5) Subsection (4) does not prejudice the operation of section 41 (which relates to the application of section 16 of the Act of 1961 (satisfaction by one wrongdoer discharging the other wrongdoer or wrongdoers)) and, accordingly, the proceedings authorised by that subsection to be brought—

(a) shall cease to be maintainable if the amount or amounts specified in an order to pay that may eventually be issued by the Board in respect of the relevant claim are paid to the claimant, or

(b) if only a portion of the amount or amounts specified in such an order to pay that may eventually be issued is paid to the claimant, shall be maintainable in respect of only the balance outstanding.”.