Supreme Court Decision 19th December 2008
Important information about communications between InjuriesBoard.ie and Claimants who engage a Solicitor- Supreme Court decision 19 December 2008
Supreme Court Decision
On 19 December 2008, the Supreme Court rejected an appeal by InjuriesBoard.ie to a High Court decision made in January 2005 that the Board could not communicate directly with a Claimant who had instructed a Solicitor to handle a claim on his behalf (Solicitors were copied with correspondence).
The appeal had been taken because InjuriesBoard.ie believed that prohibiting a Claimant (represented by a Solicitor) from having direct contact with the Board was unhelpful, given that it is the Claimant's injury, time and money. Nonetheless, InjuriesBoard.ie welcomes the clarity which the Supreme Court has brought to the situation.
Communicating with Claimants
When giving its judgement, the Supreme Court indicated that InjuriesBoard.ie was entitled to keep a Claimant informed of the process by, for example, sending him/her a copy of any letter sent to his/her Solicitor at the same time as sending that letter.
This is a very significant and welcome development. InjuriesBoard is now copying claimants, as appropriate, on the progress of their claim throughout its lifecycle.