Seanad debates
Thursday, 20 November 2003
Personal Injuries Assessment Board Bill 2003: Second Stage.
Sections 39 to 43, inclusive, deal with the legal status of an order to pay, which will have the same status as a court decree. Payments to a claimant, on foot of an order to pay, constitute satisfaction of the claimant's relevant claim. Part payments constitute partial satisfaction. Provision is also made to enable the injured party to receive the compensation to which he or she is entitled, leaving the apportionment of liability between potential co-defendants to be decided by subsequent litigation or negotiation, without prejudice to the right of the respondent or respondents. The discharge of a claimant's claim by the participating and accepting respondent will not prejudice that respondent's right in any subsequent litigation. The respondent may be seeking recovery of his or her outlay, in whole or in part, from another party who had a liability in respect of the accident which caused the claimant's injuries.
No comments