Claims model challenged

15/12/2004

A government initiative to centralise claims processing and cut legal costs in Ireland could face a string of legal challenges, following a case that is seeking to reinforce the claimant’s right to a solicitor.

And, in a final significant move last week, the High Court gave permission to the Law Society of Ireland to make representation in a case filed by Declan O’Brien, in which he claims his constitutional right to legal representation is being breached because the Personal Injuries Assessment Board failed to act on his instructions of communicating directly with his solicitor.

“My client wants me to represent his interest and the PIAB is acting in breach of constitutional and European human rights. There will be so many challenges to the board and I have a few more lined up,” said Denis Boland, Mr O’Brien’s solicitor.

Mr Boland said he is prepared to go all the way to the European Court of Human Rights in Strasbourg, if necessary, to secure his client’s rights. “The Law Society application was very unusual, but the court felt the case is of such interest as to allow this to happen. The board severely affects the compensation clients will receive and to suggest you don’t need a solicitor is nonsense,” said Mr Boland.

The Irish Insurance Federation said it continues to support the work of the PIAB. “It is not surprising that lawyers are feeling the pinch; legal costs are a major issue in the Irish market,” said a spokeswoman for the Irish Insurance Federation.

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