Not every personal injury claim is resolved at the Injuries Resolution Board (IRB) stage. If either you or the respondent rejects the IRB's assessment, or if the IRB declines to assess your claim, the next step is court proceedings. This can feel like a significant moment, but it is a normal and well-established part of the claims process in Ireland. The vast majority of cases that move to court are still settled by agreement before a full hearing takes place. At Michael Boylan Litigation, we manage this transition for our clients every day, and we are here to ensure that the process is as smooth and straightforward as possible.
Why a Claim Moves from the IRB to Court
There are several reasons why a personal injury claim may move from the Injuries Resolution Board to the court system:
You reject the IRB assessment: If the compensation proposed by the IRB does not adequately reflect the value of your injuries and financial losses, you have the right to reject it and pursue your claim through the courts.
The respondent rejects the IRB assessment: If the other party does not accept the proposed amount, the IRB will issue an Authorisation allowing you to issue court proceedings.
The respondent does not consent to assessment: The respondent has 90 days to respond to the IRB's notification. If they do not consent to the IRB assessing the claim, an Authorisation is issued.
The IRB declines to assess: In some cases, the IRB may decide that a claim is too complex for its process and will issue an Authorisation directly. This can happen where injuries are particularly serious or where liability is in dispute.
In each of these situations, the IRB issues an Authorisation. This is a legal document that permits you to bring your claim before the courts.
Step 1: Receiving the Authorisation
The Authorisation is the gateway from the IRB process to court proceedings. Once it is issued, the statute of limitations clock (the legal time limit for bringing your claim) resumes. Under Section 50 of the PIAB Act 2003, you have six months from the date of the Authorisation, plus any unused portion of your original two-year limitation period, to issue court proceedings.
The time your claim spent being assessed by the IRB does not count towards this time limit. Your solicitor will ensure that proceedings are issued well within the deadline.
Indicative timeline: The Authorisation is typically issued within a few weeks of the assessment being rejected or the respondent declining to participate.
Step 2: Preparing and Issuing the Personal Injury Summons
Once the Authorisation is received, your solicitor will instruct a barrister (a specialist court advocate) to prepare the Personal Injury Summons. This is the formal legal document that begins your court proceedings. It is a specific type of summons required under the Civil Liability and Courts Act 2004.
The Personal Injury Summons must include:
Your personal details, including your PPS number.
Details of the accident: What happened, when and where it occurred, and who was responsible.
Details of your injuries: Supported by medical evidence.
Your claim for compensation: Including both general damages (pain and suffering) and special damages (financial losses such as medical bills, travel costs, and loss of earnings).
The IRB Authorisation number, confirming that your claim has been through the mandatory IRB process.
An affidavit of verification: A sworn statement confirming that the information in the summons is true and accurate.
Your solicitor and barrister will handle the preparation of this document. You will be asked to review it and confirm that the details are correct.
Indicative timeline: Preparing and issuing the summons typically takes four to eight weeks after the Authorisation is received, depending on the complexity of the case.
Step 3: Serving the Summons on the Defendant
Once issued, the summons must be served on the defendant (the party you are suing) within 12 months. Service means formally delivering the legal documents to the defendant or their nominated solicitor. In most personal injury cases, the defendant's insurance company will have appointed solicitors to accept service on their behalf.
Your solicitor will arrange service and confirm that it has been completed.
Indicative timeline: Service is usually completed within a few weeks of the summons being issued.
Step 4: The Defence
After being served with the summons, the defendant has 28 days to deliver a Defence. This is a formal legal document in which the defendant responds to your claim. The Defence may:
Admit liability (accept that they were at fault) and dispute only the amount of compensation.
Deny liability and contest that they were responsible for the accident.
Raise contributory negligence, arguing that you were partly at fault for the accident or the severity of your injuries.
Your solicitor will review the Defence carefully and advise you on what it means for your case.
Indicative timeline: The Defence is usually delivered within one to three months of service. In some cases, the defendant may seek additional time.
Step 5: Exchange of Evidence and Discovery
After the Defence is delivered, both sides may exchange further information and evidence. This stage is known as discovery and may involve:
Updated medical reports from your treating doctors or independent medical experts.
Requests for documents such as medical records, employment records, or accident reports.
Expert reports, including from forensic accountants, engineers, or care assessors, depending on the nature of your claim.
You may be asked to attend a medical examination arranged by the defendant's insurer. Your solicitor will prepare you for this and explain what to expect.
Indicative timeline: The discovery and evidence exchange phase can take six to twelve months, depending on the complexity of the case and the volume of evidence involved.
Step 6: Notice of Trial
When both sides have completed their preparation, your solicitor will issue a Notice of Trial. This places your case in the court list, meaning it is scheduled for a hearing. The court in which your case will be heard depends on the expected value of your claim:
District Court: Claims valued up to €15,000.
Circuit Court: Claims valued between €15,000 and €60,000.
High Court: Claims valued at more than €60,000.
Cases involving serious injuries are typically heard in the High Court.
Indicative timeline: From issuing the Notice of Trial to the actual hearing date, there is usually a waiting period of several months to a year, depending on the court's schedule.
Step 7: Settlement Negotiations or Court Hearing
Even after proceedings are issued, settlement remains possible at any stage. In fact, the majority of cases that proceed beyond the IRB are settled before a full hearing. Settlement discussions often take place at a settlement meeting arranged between the legal teams, frequently at the courthouse itself.
If no settlement is reached, the case proceeds to a court hearing, where a judge will hear evidence from both sides and decide the outcome, including the amount of compensation. Your solicitor and barrister will represent you throughout.
For more information on the advantages and considerations of settlement versus court, see our page on Settlement vs. Litigation in Ireland.
Understanding the Section 51A Costs Consideration
If you reject an IRB assessment that the respondent has accepted, and your case proceeds to court, there is an important provision under Section 51A of the PIAB Act to be aware of. If the court ultimately awards you less than the IRB assessment you rejected, you may be liable for certain legal costs from the date of the rejection.
This does not mean you should accept an inadequate offer. It means that the decision to reject an IRB assessment should be made with clear legal advice about the realistic value of your claim. Your solicitor will discuss this with you in detail and ensure that you understand the position before making any decision.
Frequently Asked Questions
How long do I have to issue proceedings after receiving an Authorisation?
Under Section 50 of the PIAB Act 2003, you have six months from the date of the Authorisation, plus any unused portion of your original two-year limitation period. The time your claim spent with the IRB does not count towards this limit. Your solicitor will ensure proceedings are issued in good time.
Will I definitely have to go to court?
Not necessarily. The majority of claims that proceed beyond the IRB are settled by agreement before a full court hearing. Issuing proceedings is a necessary procedural step, but it does not mean you will need to attend a trial.
Which court will my case be heard in?
This depends on the estimated value of your claim. Claims up to €15,000 are heard in the District Court, claims between €15,000 and €60,000 in the Circuit Court, and claims over €60,000 in the High Court.
How long does the whole process take from IRB to court hearing?
The timeline varies depending on the complexity of your case. From the date the Authorisation is issued to a court hearing, the process typically takes two to three years. However, many cases are settled well before a hearing date, which can shorten the overall timeline significantly.
What do I need to do during the court proceedings?
Your solicitor will manage the legal process on your behalf. You may be asked to provide updated information about your injuries, attend medical examinations, and review documents. If the case proceeds to a hearing, you may be asked to give evidence in court. Your solicitor and barrister will prepare you for every stage.
Get in Touch
At Michael Boylan Litigation, we understand that the transition from the IRB to court proceedings can feel uncertain. If your claim has been through the IRB and you need advice on the next steps, please contact us today. We are here to help.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
