Late Letter of Claim?

stainluss

It says here that I need to send a letter of claim within 2 months or as "soon as practicable".

http://www.irishstatutebook.ie/eli/2004/act/31/section/8/enacted/en/html

With the later provision in mind, what are some reasons I could have to send a late letter of claim? I think I've missed the boat by a few weeks...

nuac

Mod
Pls discuss generally, keeping to rule against legal advice

Claw Hammer

The time reasonably taken to establish the identity of the intended defendant, to investigate the cause of the incident, to obtain the necessary legal advice and opinions would be the usual ones.

Fred Swanson

This post has been deleted.

Claw Hammer

Fred Swanson wrote: »

This post has been deleted.

There is a 2 year limit on the initiation of proceedings ( extended if it goes to PIAB). The o/p is talking about a notification letter which should be sent within the first 8 weeks of the incident. This is intended to assist defendants from being surprised by a letter coming just before the expiry of the 2 years.

Fred Swanson

This post has been deleted.

stainluss

Claw Hammer wrote: »

to obtain the necessary legal advice and opinions would be the usual ones.

How long in theory this could push it out? It sounds like these allowances could make the 8 weeks pretty hairy...

Claw Hammer wrote: »

There is a 2 year limit on the initiation of proceedings ( extended if it goes to PIAB). The o/p is talking about a notification letter which should be sent within the first 8 weeks of the incident. This is intended to assist defendants from being surprised by a letter coming just before the expiry of the 2 years.

Is a timely notification letter legally required for proceedings at court to go ahead (I know it isn't for the PIAB)?
It seems pretty concrete in the statute book...

Really Interested

stainluss wrote: »

How long in theory this could push it out? It sounds like these allowances could make the 8 weeks pretty hairy...



Is a timely notification letter legally required for proceedings at court to go ahead (I know it isn't for the PIAB)?
It seems pretty concrete in the statute book...

The section does not stop proceedings if a letter of claim not sent.

stainluss

Really Interested wrote: »

The section does not stop proceedings if a letter of claim not sent.

Letter of claim.


8.—(1) Where a plaintiff in a personal injuries action fails, without reasonable cause, to serve a notice in writing, before the expiration of 2 months from the date of the cause of action, or as soon as practicable thereafter, on the wrongdoer or alleged wrongdoer stating the nature of the wrong alleged to have been committed by him or her, the court hearing the action may—


(a) draw such inferences from the failure as appear proper, and


(b) where the interests of justice so require—


(i) make no order as to the payment of costs to the plaintiff, or


(ii) deduct such amount from the costs that would, but for this section, be payable to the plaintiff as it considers appropriate.

Thanks for your response.

I take it that the bolded statements mean, 'look badly upon' and 'reduce the payout by a random amount', respectively?

I never knew statutes could be so iffy

Really Interested

stainluss wrote: »

Thanks for your response.

I take it that the bolded statements mean, 'look badly upon' and 'reduce the payout by a random amount', respectively?

I never knew statutes could be so iffy

If a Defendant can show for some reason there is a problem with not having got a letter of claim then the Court MAY, do one of the things set out in the section. I am not aware of any case where not sending the letter of claim, was an issue.

The options are after drawing what ever inferences to do one of the following

"(b) where the interests of justice so require—

(i) make no order as to the payment of costs to the plaintiff, or

(ii) deduct such amount from the costs that would, but for this section, be payable to the plaintiff as it considers appropriate."

Victor

stainluss wrote: »

With the later provision in mind, what are some reasons I could have to send a late letter of claim?

You were in a coma or otherwise incapacitated for 3 months after the incident.

Not sure what the situation is where there was ongoing injury.

4ensic15

The vast majority of PI cases never go to a hearing, so it is unlikely that it will ever be raised. It is just better to explain it by the fact that it was late because the injured person was a bit of a simpleton.