Muhammad Tayyad V Rilta Environmental Limited [2020] IEHC 251

In a recent decision, the High Court confirmed the position in relation to section 12 of the Personal Injuries Assessment Board Act 2003 ('the PIAB Act') and the preservation of evidence thereunder. The issue addressed concerned the extent of the Court's jurisdiction to make an order for the preservation of evidence in relation to personal injures claims which had not yet become the subject matter of any proceedings at the time of the application.

The Personal Injuries Board Act 2003

Since its passing, the relevant provisions of the PIAB Act require that all personal injuries claims - bar a small number of specific exceptions - must proceed through the Injuries Board before a claim for compensation can be processed by the Court. Section 12(1) provides that a claimant may not bring proceedings unless an application for assessment has been made to the Board and an authorisation (to issue proceedings) has been obtained.