hat Happens After an IRB Authorisation in a Personal Injury Claim?

This information is for educational purposes only and does not constitute legal advice. Every case is different and outcomes vary. Consult a qualified solicitor for advice specific to your situation.

An Injuries Resolution Board (IRB) authorisation is a formal document that permits you to bring court proceedings for a personal injury claim in Ireland. It is not a rejection of your case. It is the statutory gateway between the administrative IRB process and the courts. Under Section 50 of the PIAB Act 2003 [1], you have six months from the authorisation date, plus any unused portion of your original two-year limitation period, to issue a Personal Injury Summons. In 2024, 50% of claimants accepted their IRB assessment, and over 95% of claims that did proceed past authorisation settled before trial. IRB 2024 Annual Report [2]. We refer to this critical transition window as the Authorisation Pivot, because a single uninformed decision here can cost tens of thousands of euro under Section 51A.

Key takeaways

• Deadline: Six months from authorisation, plus any unused portion of your two-years-less-one-day limitation period, under Section 50 PIAB Act 2003.
• Biggest risk: Section 51A costs. If you rejected an assessment the respondent accepted and your court award does not beat the IRB figure, you may pay both sides' legal costs from the date of rejection.
• Most common outcome: Over 95% of authorised claims settle by negotiation before any trial verdict; only around 3% reach judgment.
• Court level follows value: District Court up to €15,000; Circuit Court up to €75,000 (€60,000 for PI); High Court above. Issuing in the wrong court risks a costs differential order.
• Named concept: The Authorisation Pivot is the 30-day window after authorisation where strategic decisions set the trajectory of costs and outcome.

Ireland post-authorisation: quick reference

Statute of limitations:

2 years less 1 day (s.3 Statute of Limitations (Amendment) Act 1991, as amended)

Grace period after authorisation:

6 months (s.50 PIAB Act 2003)

Assessment acceptance rate (2024):

50% (IRB Annual Report 2024)

Average IRB award (2024):

€19,482 across all categories

Average litigation cost:

~€19,000 (motor); ~€25,000 (EL/PL)

Average litigation timeline:

5.1 years vs 2.7 years via IRB

Key case 2025:

Dillon v Irish Life Assurance [2025] IESC 37

Key case 2022:

Tsiu v Campbell Catering [2022] IEHC 391

Key terms on this page

IRB (Injuries Resolution Board)

Ireland's independent statutory body for assessing personal injury claims, formerly PIAB. Renamed on 14 December 2023 under the Personal Injuries Resolution Board Act 2022.

Authorisation

The statutory document issued by the IRB permitting a claimant to commence court proceedings, required under Section 12 of the PIAB Act 2003.

Section 50 PIAB Act 2003

The provision that freezes the Statute of Limitations clock during the IRB process and gives 6 months from authorisation plus any remaining limitation time.

Section 51A PIAB Act 2003

The costs-penalty provision triggered where a claimant rejects an assessment the respondent accepted and then fails to beat the IRB figure in court.

Personal Injury Summons

The initiating court pleading for a personal injury action in Ireland, prescribed under Section 10 of the Civil Liability and Courts Act 2004.

Contents

Time limit: 6 months from authorisation + remaining original statute time. PIAB Act s.50

Costs risk: Section 51A: reject the assessment, fail to beat it in court, and you may pay both sides' costs. PIAB Act s.51A

2024 acceptance: 50% of claimants accepted IRB assessments (up from 48% in 2023). IRB 2024 Report

Settlement rate: Over 95% of authorised claims settle before trial. Litigation is the exception, not the rule.

What is an IRB authorisation?

An IRB authorisation is the statutory document that unlocks your right to court proceedings after the Injuries Resolution Board (IRB) process ends without a binding settlement. The IRB, formerly known as the Personal Injuries Assessment Board (PIAB) until 2023, issues this document under the Personal Injuries Assessment Board Act 2003 [3]. Without it, you cannot issue a Personal Injury Summons for most claim types in Ireland. The only major exception is medical negligence, which bypasses the IRB entirely and proceeds straight to court. Courts.ie (Updated 2025) [4].

A detail that catches many claimants off guard: the authorisation is not a judgment on the strength of your claim. It is a neutral administrative step. Your case is exactly as strong (or as weak) the day after you receive it as it was the day before. The difference is procedural: you now have permission to enter the court system, and a strict deadline to act.

Unlike in England and Wales, where claimants can issue court proceedings directly after following pre-action protocols, Irish law requires mandatory IRB involvement before any personal injury court action can begin. This mandatory administrative step is unique to Irish law under the PIAB Act 2003.

This page covers the post-authorisation process for all personal injury claim types in Ireland, including workplace accidents, public liability, and road traffic collisions. For motor-specific detail, see the dedicated car accident post-authorisation guide.

Why was your authorisation issued?

In Ireland, an IRB authorisation is issued for three distinct reasons, and each carries different consequences for your next steps. Knowing which scenario applies to you changes your Section 51A risk exposure and your negotiating position.

1. The respondent did not consent (early exit)

The respondent's insurer declined to let the IRB assess the claim within the 90-day response window. You receive the authorisation without any assessment figure. Section 51A costs penalties do not apply because no assessment was made. In 2024, roughly 30% of respondents declined consent. ²

2. Either party rejected the assessment

The IRB assessed your claim and issued a figure. Either you rejected it (within 28 days) or the respondent rejected it (within 21 days). If you rejected an assessment the respondent accepted, Section 51A creates a real costs risk. If you don't beat the IRB figure in court, you may pay both sides' legal costs from the date of rejection. PIAB Act s.51A [5].

3. Section 17 release (complex cases)

The IRB itself decided the claim was too complex to assess. Under Section 17 of the PIAB Act 2003 [6], this happens where the medical issues are particularly complex (for example, multiple injuries interacting with pre-existing conditions), where there is no established case law on that type of injury, or where there is a bona fide claim for aggravated damages. Since the Personal Injuries Resolution Board Act 2022 commenced on 14 December 2023, the IRB can now assess wholly psychological claims that were previously released under Section 17. No assessment figure is produced under a Section 17 release, so Section 51A does not apply.

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Typical milestones from the day you receive your IRB authorisation to trial or settlement. Timelines vary by claim type, court level, and case complexity.

Red milestone indicates the hard statutory deadline under Section 50 of the PIAB Act 2003. Most claims (over 95%) settle before trial. IRB 2024 Annual Report.

How long do you have to issue proceedings? (Section 50)

Section 50 of the PIAB Act 2003 freezes your limitation clock during the IRB process and gives you six months after authorisation before it resumes. The standard limitation period for personal injury claims in Ireland is two years from the date of the accident, or from the date of knowledge. This comes from the Civil Liability and Courts Act 2004 [7]. Unlike in England and Wales, where the limitation period is three years under the Limitation Act 1980, Irish claimants have only two years.

The clock stops the day the IRB acknowledges your completed application. It stays frozen until six months after the authorisation date. On day 181, whatever time remained of your original two years starts running again.

Worked example

Section 50 limitation calculation: worked timeline

Event	Date	Time status
Accident	1 March 2024	0 of 24 months used
IRB application acknowledged	1 September 2024	6 months used, 18 remain
Authorisation issued	1 June 2025	Clock frozen during this period
6-month grace ends	1 December 2025	Clock resumes, 18 months remain
Final deadline for summons	1 June 2027	Claim becomes statute-barred

Calculation: 6-month grace + 18 months remaining = 24 months from authorisation date. Source: ¹

What should you do in the first 30 days?

In Ireland, the first month after receiving an IRB authorisation is when the most consequential decisions are made. We call this the 30-Day Authorisation Window, and it determines whether your claim proceeds from a position of strength or under pressure. Waiting until month five leaves your solicitor scrambling.

30-Day Authorisation Window: action checklist

Day	Action	Why it matters
Day 1	Note the authorisation date. Photograph or scan the document.	This date starts your Section 50 clock.
Day 1-3	Calculate your deadline: 6 months + remaining original statute time.	If you applied late to the IRB, your window may be shorter than you expect.
Day 1-7	Instruct a solicitor (if you haven't already).	Pleadings require time to draft. Starting late forces rushed decisions.
Day 7-14	Update your medical evidence. Attend your GP or consultant.	Your IRB assessment was based on older reports. Worsening injuries change the calculation.
Day 14-21	Review the assessment figure against the Personal Injuries Guidelines [9].	This tells you whether the Section 51A risk of proceeding to court is worth taking.
Day 21-28	Check whether the respondent accepted or rejected the assessment.	If the respondent rejected too, Section 51A does not apply. Your risk drops significantly.
Day 28-30	Decide: negotiate directly, issue proceedings, or reconsider acceptance.	Starting negotiation before issuing proceedings can save months.

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What is the Section 51A costs risk?

Section 51A of the PIAB Act 2003 is the single most consequential financial risk in Irish personal injury litigation. It applies only when three conditions are met: (1) the IRB made an assessment, (2) the respondent accepted it, and (3) you rejected it. Under those circumstances, if the court awards you the same amount or less than the IRB figure, you cannot recover your legal costs. The court can also order you to pay the respondent's legal costs from the rejection date. ⁵

The financial reality is stark. According to the National Claims Information Database [10], legal costs in litigated personal injury claims represent 43% of total case costs. That is equivalent to 78% of the actual compensation award. The average legal fee through the IRB process is approximately €600. Through litigation, that figure rises to over €24,000.

A simplified view of the factors that shape the accept/reject choice. Professional advice is essential, as every case has specific facts the tree cannot capture.

The timing matters more than most guides suggest: waiting until day 22 of your 28-day decision window can sometimes reveal whether the respondent has accepted. If the respondent also rejected, Section 51A falls away entirely, and the risk profile of proceeding to court changes substantially.

Section 51C: a second costs trap

The Personal Injuries Assessment Board (Amendment) Act 2019 [11] introduced Section 51C. A judge can penalise you on costs even if you beat the IRB assessment at trial, if you failed to cooperate with the Board during the administrative phase. Failing to attend a Board-arranged medical examination or failing to provide requested documents (such as loss of earnings certificates) can trigger this penalty.

Which court hears your claim?

The value of your claim determines which Irish court hears it. Each court has different costs, procedures, and waiting times.

Irish court jurisdiction for personal injury claims

Court	PI jurisdiction limit	Typical wait for hearing	Costs profile
District Court	Up to €15,000	6 to 12 months	Lower solicitor costs, no Senior Counsel
Circuit Court	€15,001 to €60,000	12 to 18 months	Moderate costs, barrister usual
High Court	Over €60,000	18 to 36 months	Highest costs, Senior Counsel common

Current limits from Courts and Civil Law (Miscellaneous Provisions) Act 2013. The Civil Reform Bill 2025 [12] proposes increasing the District Court limit to €20,000 and the Circuit Court limit to €100,000. These changes have not yet been enacted. Source: Courts.ie [13].

How does the process differ by claim type?

The post-authorisation process is broadly the same for all personal injury claims in Ireland, but practical differences emerge depending on the type of accident. These differences affect evidence, timelines, and negotiation dynamics.

Post-authorisation differences by claim type in Ireland (2024 IRB data)

Factor	Motor liability	Employer liability	Public liability
Share of IRB awards (2024)	69%	17%	13%
Median IRB award (2024)	€12,541	€16,255	€13,660
Evidence to update post-authorisation	Dashcam, Garda report, engineer's report	HSA report, training records, risk assessments	CCTV (request within days under GDPR), maintenance logs
Common liability complications	Contributory negligence, multiple vehicles	HSA investigation overlap, employer/agency split liability	Identifying the occupier, inspection frequency disputes
Mediation available?	Yes (since Dec 2024)	Yes (since Dec 2023)	Yes (since May 2024)
Special considerations	MIBI for uninsured drivers	Section 27 of the Safety Act 2005 protects against dismissal for claiming	Local authority claims have specific notice rules

Data source: ². Mediation rollout dates from gov.ie (December 2024) [14].

For motor-specific post-authorisation steps, see the car accident authorisation guide. For workplace injuries, see the accident at work hub. For slips, trips, and falls, see the public liability hub.

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How are court proceedings issued?

In Ireland, court proceedings begin when your solicitor issues a Personal Injury Summons, a specific pleading required by Section 10 of the Civil Liability and Courts Act 2004. This is not a generic court form. It must contain your PPS Number, the details of your alleged injuries, the legal basis for the claim, and your IRB authorisation number and date. Courts.ie: PI Summons Rules [15].

Every Personal Injury Summons must be accompanied by an Affidavit of Verification under Section 14 of the 2004 Act [16]. You swear on oath that the contents of your summons are true. Giving false or misleading evidence, including failing to disclose pre-existing injuries, can lead to the court dismissing your entire claim and ordering costs against you.

One aspect the official guidance doesn't cover: errors in the summons (such as citing the wrong authorisation section or misspelling the respondent's name) can cause delays of weeks or months. Getting the document right from the start avoids avoidable setbacks.

What happens after the summons is served?

Once the summons is served, the defendant must enter an Appearance within 10 days (or 35 days if based within the EU but outside Ireland). After that, they have 6 weeks to deliver a formal Defence. Citizens Information: Circuit Court Procedures [23]. If the defendant fails to deliver a Defence within 6 weeks, you can apply for judgment in default, but only after proving your summons was verified on oath.

Before trial, both sides must exchange evidence through the discovery process. Within one month of the Notice of Trial, you must provide a schedule listing every expert witness you intend to call (doctors, engineers, actuaries). Within seven days after that, the actual reports must be exchanged. You must also serve a statement of special damages with receipts and a Department of Social Protection statement covering any state payments made after the accident. McMahon Solicitors: PI Disclosure [24]. Between assessment and settlement, the sticking point is usually this exchange of evidence, because it forces both sides to show the strength of their case.

Do most claims actually go to trial?

Over 95% of claims that receive an IRB authorisation settle through negotiation before trial. Full courtroom hearings are rare. The threat of litigation, combined with the costs and uncertainty of trial, creates strong incentives for both sides to agree terms.

The IRB's own data shows the contrast clearly.

IRB resolution vs court litigation: time and cost comparison (2024 data)

Factor	Through IRB	Through litigation
Average resolution time	2.7 years	5.1 years
Average costs	Approximately €2,000	Over €19,000
Proceedings required?	No	Yes (Personal Injury Summons)
Legal representation costs	Approximately €600 avg	Over €24,000 avg

Source: IRB Motor Liability Report (2025) [17].

In practice, insurers' behaviour often changes once proceedings are issued. The IRB statistics don't capture this dynamic: claims that received no meaningful engagement during the IRB phase frequently attract settlement offers within weeks of a summons being served.

What happens at a settlement meeting?

Most claims settle through a meeting between your legal team (solicitor and barrister) and the defendant's legal team, often at or near the courthouse on the scheduled hearing date. You attend but don't speak directly to the other side. Your barrister presents the strengths and risks of your case, and offers are exchanged. A detail that surprises many clients: the majority of settlements happen "at the door of the court" on the morning of the hearing, after months of preparation. The proximity of the trial concentrates both sides' minds on what a judge might actually award.

One factor claimants often overlook when evaluating their options: personal injury compensation in Ireland is treated as a capital receipt and is not subject to income tax or capital gains tax. An award of €25,000 is €25,000 in your pocket. This matters when comparing the IRB assessment to what you might receive in court, because the gross figure is the net figure.

How do defendants apply settlement pressure?

After proceedings are issued, defendants can use three tools to pressure you into settling, each with different costs consequences if you refuse:

Settlement pressure tools used by defendants in Irish PI litigation

Tool	How it works	Costs consequence if you reject and don't beat it
Tender	Insurer makes a formal offer (money not paid into court)	You may pay the defendant's costs from the tender date
Lodgment	Money actually paid into court with the Defence	You pay the defendant's costs from lodgment date
Calderbank letter	Written "without prejudice save as to costs" offer, usable in PI cases since LSRA 2015 s.169	Court has discretion to penalise you on costs if rejection was unreasonable

The LSRA 2015 resolved the long-running debate about whether Calderbank offers apply in PI cases. They now apply alongside tenders and lodgments. Source: Hayes Solicitors (Updated 2021) [25].

Are formal settlement offers mandatory?

Yes. Under Section 17 of the Civil Liability and Courts Act 2004 [26], both sides in a personal injury action must serve a written offer of settlement on each other. The offer must be served after proceedings are issued and before 14 days after the Notice of Trial. The judge does not see these offers until after delivering judgment. At that point, the judge considers the reasonableness of both offers when deciding who pays costs. A claimant who made an unreasonably low offer, or who refused a reasonable one, may face a costs penalty even after winning the case.

Can you use mediation instead of court?

IRB mediation is a voluntary, confidential process that resolves claims faster than litigation, typically within three months. The service launched for employer liability claims in December 2023, extended to public liability in May 2024, and commenced for motor liability on 12 December 2024. ¹⁴

Mediation happens before an authorisation is issued. If both parties opted in during the IRB application and a mediator couldn't resolve the dispute, you'll receive the authorisation after mediation fails. Post-authorisation, the IRB's mediation service is no longer available to you.

However, a different mediation route remains open during litigation. Under Section 15 of the Civil Liability and Courts Act 2004 [27], any party can request a court-directed mediation conference, or the court can direct one of its own initiative. If either party fails to comply with the court's mediation direction, the court can impose costs penalties. This is separate from the IRB process and operates under different rules, but it gives claimants a non-adversarial option even after authorisation.

If mediation succeeds, the IRB issues an Order to Pay with the same legal force as a court order. A 10-day cooling-off period applies before the agreement becomes binding. IRB Mediation Guide [18].

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Key case law on post-authorisation claims

Two recent Irish court decisions directly affect the rights and risks of claimants at the authorisation stage.

Special cases: children, fatal claims, GDPR

Three categories of personal injury claim in Ireland follow modified post-authorisation procedures: claims involving children, fatal injury claims, and claims for emotional distress arising from data breaches. Each departs from the standard Section 50 and Section 51A framework in important ways.

Claims involving children

A minor (under 18) cannot instruct a solicitor or accept a settlement. A "next friend" (usually a parent) manages the claim. Even if a post-authorisation settlement is agreed, it is not binding until approved by a judge in an Infant Ruling. The judge reviews all medical evidence and can reject the settlement or direct the defendant to increase the amount. Approved funds are held by the Courts Service until the child turns 18. Courts.ie: Infant Rulings [19]. The statute of limitations does not begin running until the child's 18th birthday.

Fatal injury claims

Where the injured person has died, a fatal injury claim may be brought by dependants. Post-authorisation procedures are broadly similar, but the claim structure changes: it may include both a survival action (the deceased's own claim) and a dependency claim (the family's losses). Court approval is required for the distribution of damages among dependants.

Data breach and emotional distress claims

Following the Supreme Court's decision in Dillon v Irish Life Assurance plc [2025] IESC 37, claims for emotional distress arising from data breaches under GDPR or the Data Protection Act 2018 do not require IRB authorisation where the distress falls short of a diagnosed psychiatric condition. These claims proceed directly to the Circuit Court or High Court without the Section 50 freeze or Section 51A costs risk. Where a claimant has a medically recognised psychiatric injury (such as PTSD or clinical depression), the standard IRB route applies. Awards for non-psychiatric emotional distress are, in the Supreme Court's own words, "very, very modest".

Mistakes that cost claimants money

In Irish personal injury claims, the most expensive post-authorisation errors are preventable. These are the patterns that cost claimants the most in practice.

Common post-authorisation mistakes and how to avoid them

Mistake	Consequence	How to avoid it
Missing the Section 50 deadline	Claim becomes statute-barred permanently	Calculate your exact deadline on day 1 and set multiple reminders.
Rejecting without comparing to the Personal Injuries Guidelines	Section 51A exposure for a marginal potential uplift	Compare the assessment figure to the Guidelines bracket for your specific injury type.
Not updating medical evidence	Court proceedings rely on stale reports from the IRB phase	Attend your GP or consultant within 14 days of receiving the authorisation.
Naming the wrong respondent on the IRB application	The Section 50 freeze only applies against the respondent named. The correct party's clock kept running.	Get legal advice before submitting the IRB application, especially in public liability cases with multiple potential defendants.
Failing to comply with Section 8 notice (30-day rule)	Judge can draw negative inferences or reduce costs award	The respondent must be notified of your claim within one month of the accident under the Civil Liability and Courts Act 2004, s.8 [21].

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Common questions

These are the questions Irish personal injury claimants most often ask after receiving an IRB authorisation. Each answer is grounded in the PIAB Act 2003 as amended by the Personal Injuries Resolution Board Act 2022, and the 2024 IRB data.

What to consider next

After reviewing the post-authorisation process in Ireland, claimants typically have these follow-up questions.

How much compensation can I expect for my injury?

Compensation depends on injury severity, recovery time, and financial losses. The Personal Injuries Guidelines (2021) set brackets for general damages. Awards vary case by case. See the personal injury compensation guide for current ranges and how they're applied in Irish courts.

What evidence do I need to prepare for court?

Court proceedings require more evidence than the IRB stage. Within one month of the Notice of Trial, you must exchange expert witness schedules. Within seven days after that, the actual reports must be exchanged. You'll also need a statement of special damages with receipts and a Department of Social Protection statement. See the evidence needed for a PI claim guide.

Can I change solicitor at this stage?

Yes. You can change solicitor at any point during a personal injury claim in Ireland. The new solicitor takes over your file and any costs owed to the previous solicitor are resolved separately. See the changing solicitor guide for the practical steps.

About the author

Gary Matthews, Principal Solicitor

Gary Matthews Solicitors · Law Society of Ireland Practising Certificate S8178

Gary Matthews advises claimants across Ireland on personal injury claims, with particular focus on the Injuries Resolution Board process, Section 50 limitation strategy, and Section 51A costs risk. He represents clients in District Court, Circuit Court, and High Court personal injury proceedings, and has handled cases across motor liability, employer liability, public liability, and medical negligence.

Practice areas: Personal injury litigation, IRB claims, medical negligence, accident at work claims, road traffic accident claims, public liability claims, fatal injury claims.

Contact: 01 903 6408 · 3rd Floor, Ormond Building, 31-36 Ormond Quay Upper, Dublin D07, Ireland

Author of the original Authorisation Pivot and 30-Day Authorisation Window frameworks for post-IRB decision-making.

References

1. Personal Injuries Assessment Board Act 2003, Section 50. Law Reform Commission (Revised Acts).
2. Injuries Resolution Board Annual Report 2024. Published July 2025.
3. Personal Injuries Assessment Board Act 2003 (Revised). Law Reform Commission.
4. Understanding Personal Injuries. Courts.ie.
5. Personal Injuries Assessment Board Act 2003, Section 51A. Law Reform Commission.
6. Personal Injuries Assessment Board Act 2003, Section 17. Law Reform Commission.
7. Civil Liability and Courts Act 2004. Irish Statute Book.
8. Limitation Periods in Personal Injury Actions in Ireland. Lacey Solicitors (Updated September 2025).
9. Personal Injuries Guidelines (2021). Judicial Council of Ireland.
10. National Claims Information Database. Central Bank of Ireland.
11. Personal Injuries Assessment Board Act 2003, Section 51C. Law Reform Commission.
12. Civil Reform Bill 2025: General Scheme. Department of Justice (Published January 2026).
13. Circuit Court Civil Cases. Courts.ie.
14. Motor Liability Mediation Service Commencement. Department of Enterprise (December 2024).
15. Procedure by Personal Injuries Summons: SI No. 526 of 2005. Courts.ie.
16. Civil Liability and Courts Act 2004, Section 14. Irish Statute Book.
17. IRB Motor Liability Claims Report. Published May 2025.
18. Mediation at the Injuries Resolution Board. IRB.
19. Approving a Settlement for Someone Under Eighteen. Courts.ie.
20. Supreme Court Rules PIAB Authorisation Not Required for Emotional Distress. Dillon Eustace (2025).
21. Civil Liability and Courts Act 2004, Section 8. Irish Statute Book.
22. Inflation-linked increase in personal injury awards to be vetoed. Irish Legal News (July 2025).
23. Circuit Court Procedures. Citizens Information.
24. PI Disclosure Issues. McMahon Solicitors.
25. Calderbank Offers and the LSRA 2015. Hayes Solicitors (Updated 2021).
26. Civil Liability and Courts Act 2004, Section 17 (Formal Offers). Law Reform Commission.
27. Civil Liability and Courts Act 2004, Section 15 (Mediation Conference). Law Reform Commission.
28. Tsiu v Campbell Catering: Estoppel and Limitation. Irish Legal News (June 2022).

Additional resources

This information is for educational purposes only and does not constitute legal advice. Every case is different and outcomes vary. Consult a qualified solicitor for advice specific to your situation.