Results 1,041-1,060 of 1,683 for speaker:Derek McDowell

Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)

Derek McDowell: The Minister is right in that there are few assessment reports from the type of people to whom we referred. The reason is that one might be faced with having to bring such a person to court where he or she would be given short shrift. When the threat of being exposed in open court is not there, it is perhaps more likely that people would chance their arm by putting in reports from people who...

Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)

Derek McDowell: I ask the Minister to talk me through this section because I am not totally clear about it. It seems that the Bill provides under section 48 for circumstances where both parties can go to the assessment board and that the Bill can be effectively retrospectively applied, but that generally it is prohibited. Perhaps the Minister could let me know if I am wrong.

Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)

Derek McDowell: I do not understand why it is anticipated that there might be a demand for both parties to apply to the assessment board. Why might that happen and why was a provision made in that regard?

Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)

Derek McDowell: It is section 6(2) which states "without prejudice to section 48". Section 48 provides for both parties, which I presume is by consent, to apply to the assessment board even in circumstances where legal proceedings have been started before the Bill comes into effect.

Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)

Derek McDowell: It is difficult to see how that could happen.

Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)

Derek McDowell: Yes.

Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)

Derek McDowell: I presume that means aborting the issue of liability during the course of court proceedings.

Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)

Derek McDowell: It is being parked.

Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)

Derek McDowell: That is perhaps my only serious difficulty with the Bill. We are parking the issue of liability. We are not saying that liability is not an issue, but that it is not an issue pending an assessment of the damages, at which point either party can revive it as an issue.

Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)

Derek McDowell: Does the Minister mean to have the damages assessed? The reason is that insurance companies regularly agree and pay damages in circumstances where they do not think they should be liable because they want to get it off their books. It is not unusual for them to pay out even in circumstances where they think they should not pay out without the consent of their insured. They might agree to run...

Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)

Derek McDowell: If it is too much. If it is €5,000, they will pay it, but if it is €6,000 or €10,000, they will go to court.

Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)

Derek McDowell: Senator Leyden is correct that it is not possible to prevent people from seeking legal advice. Unless she has had a change of mind, the Minister appears to want to prevent people from using solicitors as agents. If a claimant wants a person to act as an agent and communicate with the board on his or her behalf, the board should at least have the courtesy to communicate with that agent....

Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)

Derek McDowell: Senator Mansergh referred to a level playing field. It is unreal to suggest that an individual, who does not have legal assistance or representation, is in the same position as an insurance company, which has a bank of professional advisers, including assessors and legal professionals, available to it in the normal course. Someone in a working class estate in Dublin, Limerick or elsewhere,...

Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)

Derek McDowell: We anticipated that the Tánaiste's response would be that agents, that is, solicitors, would be copied correspondence from the PIAB. It is silly and almost petty to state that while one is prepared to copy a letter, one will not acknowledge that a claimant has chosen to be represented by a solicitor by refusing to send a letter directly the solicitor. If one is prepared to accept that a...

Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)

Derek McDowell: Why not?

Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)

Derek McDowell: I move amendment No. 4: In page 11, subsection (2), line 4, after "proceedings" to insert "save that where the claimant nominates a solicitor, the Board shall communicate with the claimant through the solicitor so nominated". Amendment put and declared lost. Sections 7 to 10, inclusive, agreed to. SECTION 11.

Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)

Derek McDowell: I move amendment No. 5: In page 11, subsection (3)(b), line 39, after "correspondence" to insert "(other than without prejudice correspondence)". This is essentially a technical amendment. The section requires that a claimant provide copies of all correspondence or that he or she can be required to provide copies of all correspondence. At present, the rules of court do not oblige claimants,...

Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)

Derek McDowell: The section requires that copies of all correspondence between the claimant and the person or those persons with regard to the claim be provided to the board. If an effort has been made in correspondence, typically involving a solicitor at an early stage, to settle a claim or from an assessor in an insurance company, who might offer an amount of money without prejudice or without accepting...

Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)

Derek McDowell: Yes, if it is expressed to be a without prejudice letter where an offer of settlement is made either from the insurance company to the claimant or vice versa.

Seanad: Personal Injuries Assessment Board Bill 2003: Committee Stage. (24 Nov 2003)

Derek McDowell: Or by their agents. It is more likely to be made in a letter from the solicitor.