THE HIGH Court has dismissed a challenge to the Personal Injury Assessment Board’s refusal to pay the full amounts sought for legal advice obtained by two males for their actions which were processed by the board.
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The pair had claimed the legal advice obtained by them in making their claims to the board were expenses reasonably and necessarily incurred on grounds including they were not native English speakers, and should be paid for in full.
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In his judgment Mr Justice Seán Ryan said both had failed to establish the injuries board had acted unreasonably or in breach of fair procedures. While their solicitors had argued the legal fees were reasonably and necessarily incurred because the men were not English speakers, did not have a knowledge of the law, and were not qualified lawyers, these arguments about their difficulties were unimpressive and without substance.
It was the function of the injuries board to decide what it thought was reasonable and necessary, he said. It was not for the pair’s solicitors to generate expense for the board and then for the board to show why that should not be incurred.
The judge also noted that the solicitors had not provided the board with an itemised bill for their services.