PIAB

Kinder

Hi guys,

Reading over PIAB for my undergrad exams and I'm getting a little confused. I know PIAB assesses general damages using the book of quantum, but how does it assess the special damages? It seems to cover loss of earnings and medical costs but does it value special damages in the same way the courts do? e.g. the courts even include travel costs in receiving the medical treatment, would PIAB include similar costs?
Also, can PIAB make an aggravated damages award? Is there any section in the 2003 Act that would be able to assist me?

Any help is really appreciated because I just find the system pretty confusing.

Tom Young

You need to start with the premise that special damages are vouched (receipted or receipt'able) in all instances. The answer is that it definitely should assess Specials the same way, but there may be some limitations but not so as to change the vouched expense, assessment rules.

See Section 11 of the 2003 Act.

So on that basis matters might be slightly clearer?

The book of quantum is a guide for the assessors to place a valuation on a claim which may or may not be accepted by the Plaintiff.

The assessment of damages in general is something which is under review at present and the 'so-called' cap on general damages has been under strain now for some time. The most recent seminal case in this area is: Yun v MIBI and Tao [2009] IEHC 318. For exam purposes you should also acquaint yourself with Reddy v Bates [1984] ILRM 917 and Sinnott v Quinnsworth [1984] ILRM 523. Yardley v Brophy [2008] IEHC 14 too ... ex temp of Mr Justice O'Neill.

Reilly v Moir [2009] IEHC 164 is also worth a gander in re. breast enlargement surgery and permanent disfigurement damages.

Post back if anything above is unclear.

injuriesboard

It might also be useful to have a look at Section 20 of the PIAB Act 2003 which deals with the Assessment.

You might also find Qs 10-14 in the FAQ section of our website http://www.injuriesboard.ie helpful.