PI Pleadings

Commencement of Claim

Where a claimant in a personal injuries action fails without reasonable cause, to serve a notice, before the expiration of one (two before 2019 Act) month 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, the court may draw such inferences from the failure as appear proper.

Where the interests of justice so require the court may

• make no order as to the payment of costs to the claimant,
• deduct such amount from the costs as would, but for this section, be payable to the claimant if it considers appropriate.

The date of the cause of action is the date of accrual or the date of knowledge, as respects, the cause of action concerned, of the person against whom the wrong was committed or alleged to have been committed, whichever is later.

Timeliness

It is a function of courts in personal injuries actions to ensure that the parties to the actions comply with Court Rules as apply in relation to personal injury actions so that the trial of personal injury actions within a reasonable period of their having been commenced is secured.

Where Rules of Court prescribe a period of time for the service of a document, or the doing of any other thing, in respect of a personal injuries action, the period within which that document may be served or thing done shall not be extended beyond the period so prescribed unless the parties agree or the court considers in all the circumstances that the extension of the period by such further period as it may direct is necessary or expedient to enable the action to be properly prosecuted or defended, and the interests of justice require the extension of the period by that further period.

For the purpose of ensuring compliance by a party to a personal injuries action with Court Rules  the court may make such order as to the payment of costs as it considers appropriate.

PI Summons

Proceedings in the High Court, Circuit Court or District Court, in respect of a personal injuries action, shall be commenced by a personal injury summons. A personal injuries summons shall specify

• the claimant’s name and address at which he or she ordinarily resides and his or her occupation;
• PPS number;
• Defendant’s name and address at which he or she ordinarily resides, if known and her occupation if known;
• the injuries to the claimant alleged to have been occasioned by the wrong of the defendant
• full particulars of all items of special damages in respect of which the claimant is making a claim;
• full particulars of the acts of the defendant constituting the said wrong and the circumstances relating to the commission of the said wrong;
• full particulars of each instance of negligence by the defendant.
• where a plaintiff who has not served the notice required Act within the time prescribed for service of such a notice (one month) alleges that there was a reasonable cause for such failure, the personal injuries summons shall include particulars of the cause of the said failure.

Where a claimant fails to comply with this requirement, the court may direct that the action shall not proceed further until the claimant complies with the conditions as the court may specify, or where it considers that all the interests of justice so require, it may dismiss the action.  The court shall take such failure into account when deciding whether or not to make an order as to payment of the costs of a personal injuries action concerned and the amount of costs.

Where a person fails to comply with this provision, the court hearing the personal injuries action may draw such inferences from the failure as appear proper.

IRB Authorisation

In the case of proceedings the bringing of which requires to be authorised in accordance with the Personal Injuries Assessment Board Act 2003 , the indorsement of claim shall contain a statement

• confirming whether or not the proceedings have been authorised by the Personal Injuries Assessment Board, now the Injuries Resolution Board
• specifying the section of the Personal Injuries Assessment Board Act or the rule made under that Act in accordance with which any such authorisation has been issued, and
• citing the date of issue of the authorisation and any reference or record number relating to any such authorisation

Particulars to be Provided

Upon the request of a defendant in a personal injuries action, the claimant shall provide the defendant with:

• particulars of a personal injury action brought by the claimant, in which the court has made an award of damages;
• particulars of any personal injury action brought by the claimant which has been withdrawn or settled;
• particulars of any injury sustained or treatment administered to the claimant which would have a bearing on the personal injuries to which the personal injury action relates;
• the name of any persons from whom the claimant received such medical treatment.

Upon the request of a defendant in a personal injuries action, the claimant shall provide the defendant with documents, of such class as may be prescribed by the Minister, relating to earnings or other income in respect of which the claimant is making a claim.

The court shall, at the hearing of the action, take such failure into account when deciding whether to make an order as to costs or the amount of such costs. Where the claimant fails to comply with a request above, the court may direct that the personal injuries action concerned shall not proceed any further until the claimant complies with such conditions as the court may specify, or where it considers that the interests of justice so require, dismiss the claimants action.

Where, for the purpose of complying with the above obligations, the claimant requests the Revenue Commissioners or the Minister for Social and Family Affairs to furnish him documents referred to in that paragraph, the Revenue Commissioners or Department shall furnish him with such documents as are in his possession or procurement.

Defendants Requiremnets

A defence to a personal injuries action shall:

• specify the allegations made or matters pleaded, in the personal injuries summons of which the defendant does not require proof,
• the allegations specified or matters pleaded in the personal injuries summons of which he or she does require proof;
• the grounds on which the claimant claims that he or she is not liable for the injury suffered;
• where the defendant alleges that some or all of the personal injury suffered by the claimant were occasioned in whole or in part by the claimantown act, the grounds on which he so alleges.

Similar provisions apply in relation to a counterclaim. Where a defendant fails to comply with its obligations, the court hearing the personal injuries action concerned may draw such inferences from the failure as appear proper.

Where a defendant fails to comply with the above provisions, the court may

• direct that the action shall not proceed further until the defendant complies with conditions as the court may specify;
• where it considers that the interests of justice so require, give judgment in favour of the claimant; or
• the court shall take such failure into account for deciding whether or not to make the payment of costs and the amount of such costs.

Requirements of Pleadings

All pleadings in a personal injuries action shall in the case of a pleading served by the claimant, contain full and detailed particulars of the claim of which the action consists and of each allegation, assertion or plea comprising that claim.  In the case of a pleading served by a defendant or third party, thy shall contain full and detailed particulars of each denial and traverse of each allegation, assertion or plea, comprising his or her defence.

Where a claimant in a personal injury serves on the defendant any pleading containing assertions or allegations, or provides further information, the claimant (or in the case of a personal injuries action on behalf of a minor or person of unsound mind, the next friend or committee), shall swear an affidavit verifying those assertions or allegations, or that further information.

Where a defendant or third party serves on another party to the action any pleading containing assertions or allegations, the defendant or third party, shall swear an affidavit verifying the assertions or allegations.

In the case of an affidavit completed on behalf of an infant or a person of unsound mind, the affidavit shall be sworn by the next friend or committee. In relation to information, of which he does not have personal knowledge, he shall swear theat he honestly believes the assertions, allegations or further information, to be true.

The above affidavit must be lodged in court not later than 21 days after service of pleadings concerned or such longer period as the courts may direct or the parties agree.  In the case that a requirement requires another party to the action to swear an affidavit in accordance with this section, it must be lodged not later than 7 days before the date fixed for the trial of the personal injuries concerned.

If a person makes a statement in the above statutorily required affidavits, which is false or misleading in any material respect, that he or she knows to be false or misleading, he is guilty of an offence.  An affidavit sworn under the section shall contain a statement by the deponent that he is aware that the making of a statement in the affidavit, which is false or misleading in any material respect and that he knows to be false or misleading is an offence.