time frame for issuing proceedings

Mad_maxx

i suffered an injury june 1st 2018 , i understand that you have two years from the day of the injury to issue proceedings but am i right in saying you can also add on the time involved in dealing with PIAB ?

so if PIAB issued a letter in september of 2018 to say they were recommending the injured party pursue matters through the courts , september is now the deadline ?

hullaballoo

No, once accepted by PIAB in their formal letter accepting the claim, the time clock is paused. It stays paused for the whole time it is in the PIAB process until the date they issue authorisation plus six months.

The calculation of when the statute runs can be complicated and even when you know all of the above, it can be difficult to pinpoint the day that the statute will run on the action.

Sounds from what you say that the application went in quickly enough to PIAB. Let's say for ease that the claim was accepted by PIAB exactly one month after the injury. That means there are 23 months left on the clock. It's paused until 6 months after September 2018, which is March 2019. The 23 months start to countdown approx then which brings you up to approx February 2021.

Mad_maxx

hullaballoo wrote: »

No, once accepted by PIAB in their formal letter accepting the claim, the time clock is paused. It stays paused for the whole time it is in the PIAB process until the date they issue authorisation plus six months.

The calculation of when the statute runs can be complicated and even when you know all of the above, it can be difficult to pinpoint the day that the statute will run on the action.

Sounds from what you say that the application went in quickly enough to PIAB. Let's say for ease that the claim was accepted by PIAB exactly one month after the injury. That means there are 23 months left on the clock. It's paused until 6 months after September 2018, which is March 2019. The 23 months start to countdown approx then which brings you up to approx February 2021.

application to PIAB was sent in circa march 8th 2019 , PIAB wrote back in september 2019 to say that as the other side refused to engage , there was no point in PIAB providing any further input and recommended court proceedings

hullaballoo

I'm not sure what you want me to say to you now... thanks for the update?

Mad_maxx

hullaballoo wrote: »

I'm not sure what you want me to say to you now... thanks for the update?

I thought my providing more exact details might be helpful

Also I need to correct an error in my original post, it was September of 2019 when they gave recommendation that I pursue matters through the court's

Apologies for the muddled message

hullaballoo

Well, as per my first post, the time that the application was in PIAB is important. It was in PIAB longer than suggested due to the error in your OP.

Assuming (and it really is an assumption as I have no way of verifying this) that is was accepted by PIAB in Feb 19 and authorisation issued in Sep 19, then very roughly speaking, there was 16 months left at the point it was accepted. Your correction means the clock restarted in Mar 20. 16 months from then is Jul 21.

Very rough sums here but there would appear to be a good deal of time left for your lazy barrister to pull his finger out and draft the summons, which I presume is where it is.

Mad_maxx

hullaballoo wrote: »

Well, as per my first post, the time that the application was in PIAB is important. It was in PIAB longer than suggested due to the error in your OP.

Assuming (and it really is an assumption as I have no way of verifying this) that is was accepted by PIAB in Feb 19 and authorisation issued in Sep 19, then very roughly speaking, there was 16 months left at the point it was accepted. Your correction means the clock restarted in Mar 20. 16 months from then is Jul 21.

Very rough sums here but there would appear to be a good deal of time left for your lazy barrister to pull his finger out and draft the summons, which I presume is where it is.

thanks , my sister ( who is a solicitor ) told me december of this year is the deadline , according to her , the clock stops while its with the PIAB so you have six months on top of the two year normal time frame to allow for the six months it was with PIAB ?

good to have a second opinion

Claw Hammer

Mad_maxx wrote: »

thanks , my sister ( who is a solicitor ) told me december of this year is the deadline , according to her , the clock stops while its with the PIAB so you have six months on top of the two year normal time frame to allow for the six months it was with PIAB ?

good to have a second opinion

If you have a sister like that, it is time to get another one!

Mad_maxx

Claw Hammer wrote: »

If you have a sister like that, it is time to get another one!

when might the deadline be in your opinion ?

Claw Hammer

Mad_maxx wrote: »

when might the deadline be in your opinion ?

I don't know the date of the PIAB authorisation but as it was in PIAB for about 6 months it would be that amount of time after 30th November this year, roughly towards the end of May 2021.