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PIAB Query

  • 05-12-2013 5:36am
    #1
    Registered Users, Registered Users 2 Posts: 692 ✭✭✭


    I submitted a claim in the PIAB website against the address of a hotel, eg The Big Bad Hotel at 666 Hurt St.

    The PIAB sent me an email:
    We are concerned that this may not be the correct legal title and registered address of the intended Respondent(s) and we would be obliged if you could confirm the Respondent’s correct title and address. Any changes you may wish to make in respect of the Respondent(s) named in your application should be noted on Form A.
    If there is any difficulty in identifying the legal title of the respondent it is desirable to obtain legal advice.

    Any idea what any of this means??


Comments

  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    res ipsa wrote: »
    I submitted a claim in the PIAB website against the address of a hotel, eg The Big Bad Hotel at 666 Hurt St.

    The PIAB sent me an email:
    We are concerned that this may not be the correct legal title and registered address of the intended Respondent(s) and we would be obliged if you could confirm the Respondent’s correct title and address. Any changes you may wish to make in respect of the Respondent(s) named in your application should be noted on Form A.
    If there is any difficulty in identifying the legal title of the respondent it is desirable to obtain legal advice.

    Any idea what any of this means??

    Yes, I know exactly what it means. But as legal advice is not allowed on this site can't advise you.

    I am not now being smart, and please take what I'm saying in the sprit I'm saying it in. You have decided to do a PIAB application yourself which of course you can do. But if this very simple issue is tripping you up, I if I was you would reconsider doing the application yourself.

    If you name the incorrect defendant, and you do not sue the correct defendant (who is easily identifiable to you) within 2 years of incident you are then unable to sue the correct defendant.


  • Registered Users, Registered Users 2 Posts: 692 ✭✭✭res ipsa


    Just to qualify, the essential point is how do I find who owns the hotel?
    That is not legal advice to my mind.


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard




  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    res ipsa wrote: »
    Just to qualify, the essential point is how do I find who owns the hotel?
    That is not legal advice to my mind.

    If you had asked the question "how do I find out the correct defendants title?" I would have said CRO if you have any rough idea, or go to hotel and get letterhead, or write and ask or even instruct solicitor to find out. But you asked "Any idea what any of this means??" Which implied to me at least you had no idea what PIAB in fact said.

    I return to my advice seek the help of a solicitor, better to get the right defendant now than make an error.


  • Registered Users, Registered Users 2 Posts: 1,074 ✭✭✭blueythebear


    Not having a go at the OP, but this is a classic example of why it's not always a good idea to go without a solicitor to PIAB.

    Given the context from the original post, it's clear that you wish to know who owns the hotel in relation to a legal claim. Thus, it's a request for legal advice and if someone gives bad advice...this scenario is what the charter is for.

    In circumstances such as this, there are several considerations that could come into play making it impossible to offer any reasonable advice anyway, e.g. who the owner of the hotel premises is, if it is operated under a lease, if the injury was caused by the negligence of an outside contractor and if it is a licensed premises, who the license is registered to.

    Your particular query could be straightforward or could get very complex. Only by instructing a solicitor could you obtain the answers you're seeking with any certainty. And even then, they may not be right, but sure then you could sue the solicitor for getting it wrong. You can't sue yourself if you get it wrong.


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