Personal Injuries Assessment Board Act 2003
Assessment.
20.—(1) In this section “assessment”, in relation to a relevant claim, means an assessment of the amount of damages the claimant is entitled to in respect of the claim on the assumption that the respondent or respondents are fully liable to the claimant in respect of the claim.
(2) An assessment of a relevant claim shall be made by such one or more of the employees of the Board for the time being assigned the performance of functions under this Chapter as the Board directs (in subsequent sections of this Part referred to as “assessors”).
(3) That employee or those employees may be assisted in the making of the assessment by one or more of the persons the services of whom are engaged by the Board under section 80 (in subsequent sections of this Part referred to as “retained experts”).
(4) F30[Subject to subsection (5), an assessment shall be made] on the same basis and by reference to the same principles governing the measure of damages in the law of tort and the same enactments as would be applicable in an assessment of damages were proceedings to be brought in relation to the relevant claim concerned.
F31[(5) In making, on or after the date of coming into operation of section 99 of the Judicial Council Act 2019, an assessment in relation to a relevant claim of the amount of damages for personal injuries the claimant is entitled to, assessors shall—
(a) have regard to the personal injuries guidelines (within the meaning of that Act) in force, and
(b) where they depart from those guidelines, state the reasons for such departure and include those reasons in the assessment in writing under section 30(1).]
F32[(6) Notwithstanding subsections (4) and (5), the Board, when making an assessment of a claim in a civil action referred to in section 3(aa), shall take into account the following:
(a) in the case of a claim relating to personal injuries not causing death, paragraphs (a) and (b) of section 23(3) of the Act of 2022 and section 23(4) of the Act of 2022,
(b) in the case of a claim relating to a death, paragraphs (b) to (e) of section 23(6) of the Act of 2022 and section 23(7) of the Act of 2022.]
Annotations
Amendments:
F30
Substituted (24.04.2021) by Family Leave and Miscellaneous Provisions Act 2021 (4/2021) s. 31(a), S.I. No. 180 of 2021.
F31
Inserted (24.04.2021) by Family Leave and Miscellaneous Provisions Act 2021 (4/2021) s. 31(b), S.I. No. 180 of 2021.
F32
Inserted (10.04.2023) by Garda Síochána (Compensation) Act 2022 (33/2022), s. 21(1)(c), S.I. No. 163 of 2023.
Modifications (not altering text):
C9
Subs. (1) construed (10.04.2023) by Garda Síochána (Compensation) Act 2022 (33/2022), s. 20(g), S.I. No. 163 of 2023.
Modifications to application of Act of 2003
20. The Act of 2003 shall apply to, and in relation to, an application to which section 19 refers, subject to the following modifications and any other necessary modifications: ...
(g) it shall be read as if the reference in section 20(1) of the Act of 2003 to the assumption that the respondent or respondents are fully liable to the claimant in respect of the claim is a reference to the assumption that the Garda Commissioner, or any person entitled, by or under any enactment, to act on behalf of the Garda Commissioner in an action to which section 3(aa) of the Act of 2003 applies, is fully liable to pay any award of damages made to the claimant in respect of the claim;
...