Seanad debates
Monday, 24 November 2003
Personal Injuries Assessment Board Bill 2003: Committee Stage.
Nothing in the Bill can prevent an applicant seeking advice on completing the forms and preparing the case. There will be little difference from the current system. Most cases – 70% or more – do not appear in court at all, so most of the work is documentation prepared by solicitors on behalf of their clients. Solicitors have done great work in this regard. In most cases the 40% claim would not arise without going to court. It only occurs when barristers and so on are involved, which is not usually the case. If the Minister feels it is appropriate to include that amendment, so be it; but nothing in the legislation could prevent the applicant from obtaining the advice of a solicitor. In most cases he or she will obtain this advice before proceeding with the case but these costs will not be recouped. The applicant will then be in a position to negotiate the fee with the solicitor.
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