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Supreme Court Confirms Right to Legal Representation in PIAB Cases
The Supreme Court in the case of O’Brien v PIAB has confirmed that claimants have a right to legal representation when dealing with cases before PIAB and PIAB cannot exclude a claimant from being legally represented, if he or she so wishes, in their dealings with the Board in respect of a civil action before it, arising from personal injuries.
The Court said that the policy of PIAB (not dealing with claimant’s solicitors) is an interference in the solicitor/client relationship, and it has no foundation in law. If the applicant wishes to have a legal representative, or considers that it would be in his or her interest to have a legal representative, then he or she is entitled to such representation. The Court said that PIAB is not a court, it is an alternative dispute resolution process and it does not have the formality and rules of a court. Thus PIAB would be entitled to inform a claimant by, sending to him or her a copy of any letter sent to his or her solicitor, at the same time as sending that letter. This keeps the claimant informed, is consistent with PIAB’s policy, and within its functions under the Act of 2003.