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Bank Guarantees and Undue Influence Now Available from the MIBI Agreements and the Law, Second Edition

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Bank Guarantees and Undue Influence Now Available from the MIBI Agreements and the Law, Second Edition Journal of the Bar of Ireland • Volume 17 • Issue 6 • December 2012 Bank Guarantees and Undue Influence Now Available from The MIBI Agreements and the Law, Second Edition Richard Lyons SC and Cathleen Noctor BL Contents • Introduction This second edition of The MIBI Agreements and the Law provides a • The Obligation to Insure: Liability of the MIBI comprehensive guide to the law which covers the Motor Insurance Bureau • Exclusion of Claims of Ireland Agreements which was developed to protect victims of accidents involving uninsured drivers. • Claiming Compensation from the MIBI: Conditions Precedent and Decisions on Claims Focusing on both statutory and common law liability, together with • Suing the MIBI: Conditions European law, it is written by experienced practitioners and covers, inter alia, Precedent and the PIAB the 2009 MIBI agreement, the implications of the Commission v Ireland, the fallout from Farrell v Whitty and the on-going implications of the consolidated • Property Damage motor insurance directive. The appendices have also been completely • Unidenti ed or Untraced Owner or user updated. • The 1% Rule ISBN 978 1 84766 9926 | Format Hardback | List price €165 + €5.50 P&P • Mandates and Recovery Rights of the MIBI • Parties to Actions a ecting the MIBI and Satisfaction of Judgments • Costs where Claimant must bring Two Actions • The MIBI: An Emanation of the State • Visiting Motorists in Ireland Coming Soon... and Irish Motorists Abroad Wills: Irish Precedents and Drafting, Second Edition Brian Spierin SC Contents include The second edition of Wills: Irish Precedents and Drafting has been • Inclusion of all relevant case law since updated to re ect new case law, the new Land and Conveyancing the rst edition Law Reform Act and the new Civil Partnership and Certain Rights and • Amendment, revision and addition to text Obligations of Cohabitants Act. necessitated by the 2009 and 2010 Acts Primarily a practical precedent book, but containing much more than • General review of all precedents and just precedents, this book will prove invaluable to all legal practitioners up-dating where necessary specialising in probate and succession law. Most chapters cover a constituent part of a will, and include a commentary which summarises the applicable law and gives pointers and advice on matters to be taken into consideration and pitfalls to be avoided. Clear and concise, the precedents are drafted in a straightforward, modern style and annotated where necessary. Full appendices are included containing the relevant statutory provisions - which will be of use to the practitioner when drafting a will. ISBN 978 1 84766 9933 Format Hardback | List price €180 + €5.50 P&P Pub Date January 2013 The Constitution of Ireland: Perspectives and Prospects Edited by Eoin Carolan BL This title will comprise a collection of papers which were presented at a 3-day conference organised by University College Dublin earlier this year to mark the 75th anniversary of the Irish Constitution. There will be a total of 25 chapters from leading commentators from both Ireland and overseas, including contributions from: • Mrs Justice Susan Denham, Chief Justice • Paul Gallagher SC • Professor Philip Pettit, Princeton University • Professor Mark Tushnet, Harvard Law School ISBN 978 1 78043 1383 | Format Paperback | List price €175 + €5.50 P&P | Pub Date December 2012 Place your order today by contacting Jennifer Simpson, Bloomsbury Professional, Fitzwilliam Business Centre, 26 Upper Pembroke Street, Dublin 2. DX 109035 Fitzwilliam Tel (01) 6373920 Fax (01) 6620365 Email [email protected] (Please make cheques payable to Gill & Macmillan Ltd) %DU5HYLHZDG'HFHPEHULQGG Editorial Correspondence to: Eilis Brennan BL The Editor Bar Review Law Library Four Courts Dublin 7 DX 813154 Telephone: 353-1-817 5505 Fax: 353-1-872 0455 E: [email protected] Cover Illustration: Brian Gallagher T: 01 4973389 Editor: Eilis Brennan BL E: [email protected] W: www.bdgart.com Typeset by Gough Typesetting Services, Dublin Editorial Board: [email protected] T: 01 8727305 Gerry Durcan SC Mary O’Toole SC Conor Dignam SC Brian Kennedy SC Patrick Dillon Malone BL Vincent Browne BL Mark O’Connell BL Paul A. McDermott BL Tom O’Malley BL Volume 17, Issue 6, December 2012, ISSN 1339-3426 Patrick Leonard BL Paul McCarthy BL Des Mulhere Jeanne McDonagh Contents Jerry Carroll Consultant Editors: 122 The Statute of Limitations and PIAB Dermot Gleeson SC Patrick MacEntee SC MICHELLE LIDDY BL Eoghan Fitzsimons SC Pat Hanratty SC James O’Reilly SC 125 The Wisconsin Innocence Project 2012 HILARY LENNOX BL The Bar Review is published by Round Hall in association with The Bar Council of Ireland. 127 Challenging Times in Asylum and Immigration Judicial Review For all subscription queries SUNNIVA MCDONAGH SC, SINÉAD COSTELLO BL AND IMELDA contact: Round Hall KELLY BL Thomson Reuters (Professional) Ireland Limited 43 Fitzwilliam Place, Dublin 2 xcvii Legal Update Telephone: + 353 1 662 5301 Fax: + 353 1 662 5302 E: [email protected] 133 Bankers Beware! Undue Influence and Bank Guarantees web: www.roundhall.ie EIMEAR M. HIGGINS BL Subscriptions: January 2012 to December 2012—6 issues Annual Subscription: €297.00 + VAT 138 Extradition, Extra-Territoriality and Article 3 ECHR: An For all advertising queries contact: Absolute case of Relativism Sean Duffy, JOANNE WILLIAMS, BL Direct line: + 44 20 7393 7602 E: [email protected] Directories Unit. Sweet & Maxwell 141 After the Referendum: What next for children’s rights in Telephone: + 44 20 7393 7000 Ireland? Contributions published in this journal are not intended to, and do not represent, MARIA CORBETT, THE CHILDREN’S RIGHTS ALLIANCE legal advice on the subject matter contained herein. This publication should not be used as a substitute for or as a supplement to, legal advice. The views expressed in the articles herein are the views of the contributing authors and do not represent the views or opinions of the Bar Review or the Bar Council. The Bar Review December 2012 The Statute of Limitations and PIAB MICHELLE LIDDY BL Introduction Rule 3 (3) of the Personal Injuries Assessment Board Rules (“S.I 219/2004”) supplements both sections 11 and In any action seeking damages for personal injuries the first 50 of the PIAB Act. That Rule provides that the operative thing that any prudent practitioner will do is verify that the date for the making of an application for the purposes of claim is not barred by virtue of the Statute of Limitations, section 50 of the PIAB Act “shall be the date on which the 1957 as amended. That exercise involves looking at the application in a form specified in sub rule (1)(a), containing limitation legislation in the light of the Personal Injuries the information specified in sub rule (1)(b) is acknowledged Assessment Board Act 2003 (“the PIAB Act”). The in writing as having been received by the Board.” calculation should be simple and, considering the Courts have The vague wording of the legislative provisions, as set out no jurisdiction to enlarge the time set down in the limitation 1 above, and the overlap and conflict between the PIAB Act legislation, one could be forgiven for thinking this is the and S.I 291/2004 has led to significant difficulties in practice. case. However, in recent times, the issue has become more As a result, it has fallen to the Courts to provide some level complex and the enactment of the PIAB Act has added an of certainty in relation to the limitation legislation. unwelcome layer of confusion. This article seeks to provide a comprehensive analysis of the meaning and effect of the When is the application to the Injuries Board relevant statutory provisions in light of the applicable case deemed to have been made? law in order to identify when the limitation period actually expires in practice. The making of an application under section 11 of the PIAB Act will stop time running for the purposes of the limitation The Operative Legislation legislation. While this would seem a fairly simple calculation, it has led to significant difficulties. For example, is the The enactment of the Statute of Limitations (Amendment) application deemed to have been made when the Injuries Act, 1991 (“the 1991 Act”) and its subsequent amendment Board affix a date stamp to it, when they inform the intended by section 7 (A) of the Civil Liability and Courts Act, 2004 Respondent that a claim is likely to be made or when they (“the 2004 Act”) reduced the limitation period in respect write to the Claimant and inform them that the application of actions seeking damages for personal injuries from three has been received and is complete? years to two years. As such, if injury occurs on the 1st of Dunne J addressed this issue in Figueredo v McKiernan January, 2012, assuming there is no date of knowledge issue [2008] IEHC 368. The date of the accident in that case and subject to the following provisions, the limitation period st pre-dated the commencement of the 2004 Act and as such, will expire on the 31 of December, 2013. circumstances and legislation dictated that the application to The PIAB Act requires that an application be made to the Injuries Board had to be made on or before the 30th of the Injuries Board in most types of actions seeking damage March 2007. The Plaintiff ’s Solicitor sent the application in for personal injuries before any proceedings can issue. There the prescribed form, to the Injuries Board by registered post are some exceptions to this but these are of no concern for on the 29th of March, 2007. The Plaintiffs contention was current purposes. It is the making of the application to the that in the ordinary course of events, the application would Injuries Board under Section 11 that stops time running in be received by the Injuries Board on the 30th of March, 2007.
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