Personal Injury Summons I
Save where otherwise provided by the rules or legislation, a District Court personal injuries summons must be filed with and issued by the Clerk assigned to the Court area in which the respondent or one of the respondents ordinarily resides or carries on any profession, business or occupation. It is to be heard and determined at a sitting of the Court for the transaction of civil business for the Court area in which the personal injuries proceedings were brought.
A personal injuries summons which has been issued by a Clerk is deemed to have been issued on the date on which it was filed with the Clerk for issue. Accordingly, unlike the case with the other classes of case in the District Courts, service is not a requirement for issue and stopping of the Statute of Limitations, two year limitations period.
A personal injuries summons is to be in the specified form and must specify:
• the claimant’s name, the address at which he or she ordinarily resides and his or her occupation;
• the claimant’s Personal Public Service Number (and where a claimant has not been issued with a PPSN, this must be stated in the personal injuries summons);
• the respondent’s name, the address at which the respondent ordinarily resides (if known to the claimant) and the respondent’s occupation (if known to the claimant);
• confirming that the proceedings have been authorised by the Injuries Board (where applicable; as is the case with in most classes of personal injuries cases);
• specifying the provision in accordance with which such authorisation has been issued, and
• citing the date of issue of the authorisation and any reference or record number relating to such authorisation.
Personal Injury Summons II
The personal injuries summons must set out full and detailed particulars of-
• the nature of the claim and of each allegation, assertion or plea comprising that claim;
• the injuries to the claimant alleged to have been occasioned by the wrong of the respondent;
• the acts of the respondent constituting the wrong and the circumstances relating to the commission of the wrong;
• each instance of negligence by the respondent, and
• contain a schedule of full particulars of all items of special damage in respect of which the claimant is making a claim.
Where a claimant alleges that he or she was unable, at the time at which a personal injuries summons was issued, to include in the personal injuries summons any of the information required by this rule to be specified in the personal injuries summons, he or she must include in the personal injuries summons a statement of the reasons why it is claimed that any such information could not be provided at the time of issue of the personal injuries summons.
The claimant must, when the personal injuries summons is served or as soon as may be thereafter (whether by amendment or otherwise) provide and verify such of the information required by this rule as was not included in the personal injuries summons.
Each respondent who intends to defend the personal injuries proceedings must deliver to the claimant (or his solicitor) an appearance and defence in the specified form and file a copy of the appearance with the Clerk within 28 days after the service on him or her of the personal injuries summons. Where any respondent makes a counterclaim, the counterclaim must be
An affidavit of verification of a pleading or of further information requiring to be verified on oath as required by statute is to be in the specified form. It must be endorsed on the pleading or other document concerned or may exhibit the relevant pleading or other documents. A copy of the affidavit of verification must be delivered to the party to whom the pleading or other document is to be delivered.
Where the affidavit is endorsed on the pleading or other document, it must be delivered within the time prescribed by these Rules for delivering the pleading or other document. Otherwise, the affidavit must be delivered within the time prescribed by statute for filing the affidavit in Court.
Where the affidavit of verification is delivered after delivery of the pleading or other documents, the time prescribed by these Rules for delivery of any pleading or other document in reply runs from the date of delivery of the affidavit of verification. An affidavit of verification must be filed in Court as required by statute by filing the original affidavit duly stamped with the Clerk.
Applications in PI Proceedings
The following applications in personal injuries proceedings must be made by application to the Court by motion on notice to the opposing party or parties. The notice of motion must be in the prescribed form and must be supported by an affidavit sworn by or on behalf of the moving party:
• an application (in the absence of agreement between or among the parties) for the extension of the periods provided within which any document may be served or thing may be done;
• an application by a respondent for a stay or dismissal of proceedings by reason of a claimant’s failure to provide the information necessary to comply with the statutory requirement for a personal injury summons
• an application by a respondent for a stay or dismissal of proceedings by reason of a claimant’s failure to provide further information requested required by statute;
• an application by a claimant for a stay of proceedings or for judgment by reason of a respondent’s failure to provide the information necessary to comply with the statutory requirement;
• an application by a party for a direction of the Court that a mediation hearing be held;
• an application to the Court to order delivery by the opposing party of further and better particulars of any pleading delivered by that opposing party;
• an application by a party wishing to have evidence given by affidavit;
• an application by a party wishing to have an approved person appointed to carry out an investigation and to give any evidence in relation to any matter, as provided by statute
None of the above applications may be issued unless:
• the moving party has first written to the relevant opposing party requesting that the relevant opposing party agree to any extension proposed or (as the case may be) provide the information identified in, or agree to, the moving party’s request;
• a period of 14 days for compliance with the moving party’s request has been allowed; and
• the party requested has failed, refused or neglected to comply with such a request.
No application for judgment in default of defence may be granted in personal injuries proceedings unless the moving party has satisfied the Court that he has verified his personal injuries summons in those proceedings on oath in accordance with this Order.
Where the Court directs that a mediation conference be held, it may adjourn the personal injuries proceedings for such time as it considers appropriate to enable the mediation hearing to be held. The Court may extend the time for compliance by the parties or any of them with any provision of the rules or any order of the Court in the personal injuries proceedings.
The report of the person appointed to be the chairperson of a mediation hearing must be provided in an affidavit which must verify:
• his or her appointment as mediator;
• whether the mediation hearing was or was not held;
• if not held, the reasons why the mediation hearing did not take place;
• if held the time and place at which the mediation hearing was held; the parties in attendance, whether or not a settlement was reached in the personal injuries proceedings, and the terms of any settlement signed by the parties.
Copies of the claimant’s notice of an offer of terms of a settlement and of the respondent’s notice required by statute must be filed in Court. Copies of the notices, in the prescribed form, must be filed by being delivered, together with an affidavit or statutory declaration of service of the notice on the opposing party, to the Clerk as soon as may be after the expiry of the prescribed period. The notices must not be given or produced to the Judge before the determination of the personal injuries proceedings.
A pre-trial hearing must be held in personal injuries proceedings where the Court, on the application by motion on notice to the opposing party or parties by the party wishing to apply for a pre-trial hearing, considers that a pre-trial hearing is appropriate. A Judge presiding over a pre-trial hearing may at such hearing give such directions and make such orders as he or she considers necessary for the purposes of determining what matters relating to the proceedings are in dispute.
An application for the approval by the Court of an assessment under the Injuries Board legislation (e.g. in infants cases) must be made by notice of motion. The notice of motion must be filed in and issued by the Clerk assigned to the Court area in which the respondent or one of the respondents ordinarily resides or carries on any profession, business or occupation.
The notice of motion must be supported by an affidavit with the prescribed title. The notice of motion must be addressed to the respondent by name and must be served by the applicant on the respondent not later than seven days before the return date. It must be served by
• delivering it to the respondent by leaving it at the address at which the respondent ordinarily resides (or in the case of a company, its registered office)
• in a case in which an address for service has been furnished by the respondent, at that address, or
• by sending it by post in a prepaid registered letter to the address at which the respondent ordinarily resides (or in the case of a company, its registered office) or, in a case in which an address for service has been furnished, to that address.
When considering an application concerning such an assessment the Court may appoint a person of full age to act as guardian ad litem of the child or, where appropriate, of the person of unsound mind.
The provisions concerning lodgments apply mutatis mutandis to assessments made in favour of children or persons of unsound mind so approved.
The Clerk must send by ordinary pre-paid post or by e-mail to the Personal Injuries Assessment Board a certified copy of any order made pursuant to this rule. If an order to pay issues a copy of the order to pay must be sent forthwith by the Injuries Board to the Clerk by ordinary pre-paid post or in electronic form.
An application by an assessor for an order must be made at a sitting of the District Court in the Court area within which the person against whom the order concerned is sought resides or carries on business. Such an application must be by notice of application in the prescribed form and must be addressed to the respondent by name.
Notice of the application must be served by the applicant not later than seven days before the return date. The notice must be served in the manner specified above.