CIVIL PROCEDURE

1
CIVIL PROCEDURE

• LECTURE 14
• WEEK 7

2
CIVIL COURTS
Supreme Court
High Court
Compensation to 30000
Circuit Court
Compensation up to 5000
District court
Family matters
3
Pay
Pay
Letter of Demand
Letter of Demand
Issue of Writ/Summons
Issue of Writ/ Summons
Failure
Entry of appearance
Request for further better Particulars
Judgement
Statement of Claim
Reply
Defence
Close of pleadings
PLEADINGS
4
EXCHANGE OF EVIDENCE
Discovery
Interrogatories
Set Down
Trial
Judgement
5
LETTER OF CLAIM

• At present practice to say very little in letter
  of claim.
• Civil liability and courts Act 2004 requires for
  personal injury actions
• Letter must be served within two months of cause
  of action accruing or person becoming aware of
  cause of action.
• Must state nature of wrong
• If not complied with goes to costs

6
PERSONAL INJURY ASSESSMENT BOARD

• Personal Injury Assessment Board Act 2003
• Initially refers to Employers Liability but now
  includes motor and general liability
• NOT health services or medical or surgical
  procedures
• Applies to personal injuries only but if property
  claimed for in conjunction with PI this allowed

7
CLAIM

• Prior to commencing proceedings an application
  for an assessment of damages shall be made to the
  board
• The assessment only uses documents and case is
  not argued.
• Can obtain legal advice but not represented
  before board

8
PROCEDURE UNDER PIAB ACT

• Board receives application
• Serves notice on that person or persons alleged
  to be liable (Respondent)
• Respondent must decide whether they consent to
  assessment
• If agrees or fails to respond the board will
  assess the case

9
DOES NOT AGREE

• If respondent does not agree must respond in
  writing
• Board then issues the plaintiff with an
  authorisation which allows the plaintiff to
  proceed to court against the defendant
• No admission of liability

10
MAY NOT MAKE AWARD IN CERTAIN CIRCUMSTANCES

• S17 sets out cases where the board may not make
  an award at its own discretion
• E.g.
• No previous case law
• Complexity
• Psychological damage
• May be necessary to defer assessment

11
EVIDENCE

• May obtain documentation or other evidence from
  claimant
• May obtain medical evidence of their own
• Obtain documentation from the state other than
  the revenue commissioners.

12
ASSESSMENT MADE

• Assessment made in writing and served on claimant
  and respondent.
• Claimant has 28 days to respond if fails to
  respond is deemed not to have accepted assessment
• Respondent has 21 days to respond, if fails to
  respond is deemed to accept assessment

13
ASSESSMENT REJECTED

• Authorisation issued for plaintiff to proceed
• Can then proceed to court

14
STATEMENT OF CLAIM

• Details of parties
• Sets out facts on which the plaintiff is relying
• Prescribes a cause of action
• Sets out damages divided into special and general.

15
CIVIL LIABILITY AND COURTS ACT 2004

• This requires
• Plaintiffs name and address and occupation
• Personal public service number
• Name, address and occupation of defendant
• The injuries alleged to be caused by the wrong of
  the defendant
• Details of Special Damages
• Full details of facts relating to wrong
• Full particulars of each area of negligence
• Court can stop case of dismiss it if not complied
  with
• Also affects costs order

16
FURTHER AND BETTER PARTICULARS

• On request the plaintiff shall provide
• Previous injuries where awards made, case
  withdrawn or settled.
• Details of injury sustained or treatment
  administered which would have bearing on the
  present case
• Name of person administering treatment
• Must provide tax and social security
  documentation
• Non-compliance same as Statement of Claim

17
DEFENCE

• Denies those items which it is defending
• Usually denies everything
• Pleads contributory negligence
• Bring in a third party
• Third party notice
• This can be done by either plaintiff or defendant

18
Civil Liability and Courts Act 2004

• Defence
• Details of those allegations where the defendant
  does not require proof
• Allegations where proof is required
• Grounds upon which defendant claims they are not
  liable
• Contributory negligence

19
COUNTERCLAIM

• This may be made be defendant giving same details
  as statement of claim

20
VERIFYING AFFIDAVITS

• The Civil liability and courts act requires
  verifying affidavits for the following
• Allegations or assertions in pleadings
• Any further information provided
• This by plaintiffs and defendants and third
  parties
• Must be lodged in court within 7 days
• This can lead to criminal offence

21
DISCOVERY

• Refers to both sides
• A list of document is prepared by both sides
• Defendants Discovery
• Accident book
• Risk assessment under SHAWAWA
• Training records
• Plaintiffs discovery
• Doesnt usually have much

22
PRIVILEGE

• Items not discoverable
• Documents prepared for the purpose of litigation
• Melik v. Norwich Union (1980)
• Assessors report not privileged

23
MEDIATION CONFERENCE

• Bill provides for a mediation conference at
  request of any party before the trial and at
  direction of court
• A chairperson is appointed by parties or by the
  court and must be a practising barrister or
  solicitor for more than 5 years or a person
  nominated by a body to be set up by the minister
• Chairperson prepares report for the court

24
FINAL OFFERS

• After prescribed period either plaintiff or
  defendant must make final offers or state in the
  case of the defendant they are not prepared to
  pay at all.
• This offer must be lodged in court.
• Details of offer not given to judge until
  judgement
• The final offers are considered when dealing with
  costs

25
MISLEADING EVIDENCE

• Providing false and misleading evidence in a
  trial will be a criminal offence under S21 of the
  Civil Liability and Courts Act 2004

26
THE INQUEST

• Occurs whenever there is an unnatural death
• Aims to find cause of death
• Overseen by a coroner
• All parties can be represented
• Makes a finding on cause of death

27
CRIMINAL PROCEEDINGS

• Finds whether a crime has been committed
• Can be used in some countries as evidence in
  civil proceedings
• Different onus of proof in UK and Ireland
• Because insured found not guilty does not mean
  can succeed in civil proceedings
• Findings by judge in district, circuit or high
  court.

28
CRIMINAL COURTS
EUROPEAN COURT OF JUSTICE
EUROPEAN COURT OF HUMAN RIGHTS
SUPREME COURT
COURT OF CRIMINAL APPEAL
CENTRAL CRIMINAL COURT
CIRCUIT COURT
DISTRICT COURT
29
PERSONAL INJURY ASSESSMENT BOARD

• Recommended by the Special Working Group on Third
  Party insurance following an investigation into
  high costs in Ireland.
• Implemented by Personal Injury Assessment Board
  Act 2003.

30
PROCESS

• To assess quantum not merits
• Submission of all personal injury claims to this
  board is mandatory. Excludes medical claims and
  personal injury claims against government
• If defendant defends action then board
  unnecessary and plaintiff can go directly to the
  courts

31
PROCESS

• Referral to PIAB is mandatory before commencing
  proceedings.
• Will halt running of limitations act.
• Assessment of damages based on court precedent
• Written procedure will be used

32
PROCESS

• If disputes on medical evidence PIAB wil seek
  independent medical expertise to inform its
  assessment.
• The assessment is non-binding therefore either
  party can proceed to court.
• Where either party does not wish to accept the
  assessment then the case should be taken afresh
  to the Court.
• PIAB will issue release certificate

33
TYPES OF CLAIMS

• Initially employers liability
• Then will deal with motor
• Funded by the insurance industry

34
STRUCTURE

• Eleven members initially selected from various
  interested sources, this to be increased to 13
  when motor starts.
• One part time chairman and two art time deputy
  chairpersons, one each to deal with EL and motor
  claims.
• Full time chief executive
• 3 4 senior assessors, 25-31 assessors, 9 IT staff

35
FURTHER REQUIREMENTS

• Database of court awards
• Public database about PIAB awards
• PIAB awards to be in line with court awards
• Procedures to allow PIAB to make assessments,
  these to be electronic
• Guidelines for recovery of professional fees
• Funding mechanism

36
THE END