The High Court adjourned an application to approve a €303,750 Personal Injuries Assessment Board (PIAB) assessment in a fatal injuries claim, pending further evidence about the value of domestic services and any risk on liability or causation.
In a judgment delivered on 29 July 2022, Mr Justice Garrett Simons said the court did not yet have enough evidence to decide whether to approve the assessment. The application was adjourned to 10 October 2022 at 11am. The judge did not approve or reject the assessment.
The claim was brought by Richard Grimes, the widower of Alison Grimes, on his own behalf and for her statutory dependants. Alison Grimes died in a road traffic accident on 17 September 2019. One of the couple’s two daughters is a minor, so court approval is required before the accepted PIAB assessment can become binding insofar as it affects her interests.
PIAB issued its assessment on 6 January 2022. It included €260,000 for loss of financial dependency and domestic services, alongside measured fees and expenses. The applicant accepted the assessment for the purpose of seeking the court’s directions, while arguing that the amount for domestic services was too low.
The PIAB assessment valued replacement domestic services at €200 a week until the younger daughter turns 18, and €100 a week thereafter. An actuarial report obtained by the applicant proposed €400 and €250 a week, respectively. The judgment said neither report explained how its weekly figures had been selected.
The court considered whether approval was needed for this part of the assessment because the damages would be paid to the surviving spouse. It concluded that the minor daughter’s interests could still be affected: a significant part of the assessed sum was intended to fund services for her, including childcare. The judge said court approval was required for the domestic-services aspect.
The judgment also explained that a claimant who accepts a PIAB assessment subject to court approval is not subject to the special costs rules that can apply when a claimant rejects an assessment accepted by the respondent and later fails to recover more in court. If the court ultimately refuses approval and proceedings follow, the ordinary costs rules apply.
The applicant was directed to provide further evidence explaining the estimates for domestic services. The court also said it should be addressed on any risk relating to liability or causation before deciding whether to approve the assessment.