After IRB/PIAB Authorisation: Your Next Steps and Court Proceedings in Ireland

Summary: Receiving an Authorisation from the Injuries Resolution Board (IRB)—formerly PIAB—is not the end of your claim. It's a gateway to the courts. The Section 50 clock gives you six months plus any unused portion of your original two-year limit to issue proceedings. But litigation carries real financial risks: under Section 51A, if you reject an assessment and fail to beat it in court, you can end up paying both sides' legal costs. In 2024, roughly 50% of claimants accepted IRB assessments, and the vast majority of authorised claims (over 95%) settled before trial. IRB 2024 Annual Report [1]

What is an IRB Authorisation?

An Authorisation is an official document from the Injuries Resolution Board (IRB)—formerly the Personal Injuries Assessment Board (PIAB) until 2023—that permits you to bring court proceedings. You can't sue for personal injuries in Ireland without one, with limited exceptions for medical negligence cases. Citizens Information (Updated November 2025) [2]

Think of it as a procedural key rather than a verdict. The IRB doesn't decide who was at fault or whether your claim has merit. It simply confirms the mandatory administrative stage is complete. Many people feel deflated when they receive an Authorisation, especially if the respondent rejected their assessment. Don't be. This document is how claims move forward when negotiation through the Board hasn't worked.

Why was your Authorisation issued?

You'll receive an Authorisation in one of three situations. Knowing which applies to you helps you understand what happens next.

1. Respondent non-consent (early exit). The respondent—typically an insurance company—declined to let the IRB assess your claim. This often happens within 90 days of your application. They may dispute liability entirely or want to handle the claim outside the IRB process. You haven't received an assessment figure, so Section 51A costs penalties don't apply. IRB Claims Process [3]

2. Rejection of assessment (late exit). The IRB assessed your claim and issued a Notice of Assessment with a compensation figure. Either you rejected it (within 28 days) or the respondent rejected it (within 21 days). This is where Section 51A becomes relevant—if you rejected an assessment the respondent accepted, and you don't beat that figure in court, you face costs penalties. IRB Claimant Guide (2024) [4]

3. Section 17 release (complex cases). The IRB itself may release the claim without assessing it. This happens when the case is too complex, involves wholly psychological injuries, the long-term prognosis isn't clear, or the injuries are catastrophic. Medical negligence claims often fall into this category. PIAB Act 2003, s.17 [5]

Section 50: The time limit that trips people up

The general rule in Ireland is that you have two years from the date of an accident (or from when you first knew about your injury) to start court proceedings. This comes from the Civil Liability and Courts Act 2004 [6]. Miss this window and your claim may be statute-barred—worthless, regardless of how strong it is.

The IRB process pauses this clock. Section 50 of the PIAB Act says the time spent in IRB assessment doesn't count toward your two-year limit. PIAB Act s.50 [7]

The six-month grace period. When the Authorisation issues, the clock stays paused for another six months. This gives you breathing room to find a solicitor, gather documents, and prepare proceedings. After those six months, any remaining time from your original two-year window starts running again.

The calculation matters. If you applied to the IRB quickly after your accident, you'll have plenty of time after authorisation. If you waited until month 23 to apply, your post-authorisation window could be dangerously short.

Timeline worked examples

These are illustrative. The "date of knowledge" can affect when time starts. For car accidents, the accident date usually applies. Get specific advice if timing is tight.

Section 51A: The costs risk if you reject an assessment

This is where many claimants get caught out. Section 51A of the PIAB Act, inserted by the 2007 amendment, creates a financial penalty for claimants who reject IRB assessments and then fail to do better in court. PIAB Act s.51A [8]

How it works: If you reject an assessment that the respondent accepted, and the court subsequently awards you the same amount or less, two things happen:

First, you can't recover your legal costs from the defendant. That's unusual—normally, the winner gets their costs paid by the loser in Irish litigation.

Second, the court can order you to pay the defendant's costs from the date you rejected the assessment.

A worked example: The IRB assesses your motor claim at €20,000. The respondent accepts. You reject, believing you'll get more in court. Your solicitor charges €8,000. The defendant's costs from rejection to trial are €12,000. If the court awards you €19,000, you've "won" damages but lost financially—you pay your own €8,000 plus potentially the defendant's €12,000, eating into or eliminating your €19,000 award.

This rule was designed to discourage speculative litigation—rejecting reasonable offers in hope of marginally higher court awards. The Personal Injuries Guidelines (2021) [9] reduced typical awards by roughly 39% compared to the old Book of Quantum. What might have been a €30,000 claim in 2020 could now assess at €18,000. Rejecting in hope of the old figures is a recipe for costs exposure.

Tender and lodgment: how defendants protect themselves

Even when Section 51A doesn't apply directly—say, because the respondent also rejected the assessment—defendants have other tools to manage costs risk. These are tenders and lodgments.

Lodgment: The defendant pays money into court. If you refuse to accept it and the court awards you the same or less, you pay all costs from the date of lodgment. Rules of the Superior Courts, Order 22 [10]

Tender (Calderbank offer): A "without prejudice save as to costs" letter offering a settlement figure. Less formal than a lodgment but used to pressure settlement. If you reject and don't beat it, the court considers this when deciding costs. McCann FitzGerald: Litigation in Ireland [11]

In practice, insurers often tender an amount matching or close to the IRB assessment early in litigation. This puts you in a difficult position: if you can't prove you'll beat that figure, proceeding becomes a gamble with your own money.

The Personal Injury Summons: starting court proceedings

Irish personal injury litigation doesn't begin with a generic summons. The Civil Liability and Courts Act 2004 requires a specific document called the Personal Injury Summons. Courts.ie: Personal Injury in Circuit Court [12]

The summons must include:

Your PPS Number (the Irish social security identifier). This links the claim to tax and social welfare records.

A description of the wrong alleged (the defendant's negligence or breach of duty).

Details of the injuries you suffered, backed by medical evidence.

The IRB Authorisation Number, proving you completed the mandatory administrative stage.

This isn't a document for amateurs. Errors or omissions can delay your case or create problems at trial. Most claimants instruct a solicitor to prepare pleadings. Courts Service: Procedure by Personal Injuries Summons [13]

Affidavit of Verification: a legal oath

Alongside the summons, you must swear an Affidavit of Verification. This is a sworn statement confirming that everything in your summons is true to the best of your knowledge. Civil Liability and Courts Act 2004, s.14 [14]

This requirement was introduced to combat fraudulent or exaggerated claims. If you swear something false or misleading, you commit perjury—a criminal offence. Your case can be dismissed with costs against you.

The message is clear: be accurate. If you're uncertain about details, say so. If your injuries have improved since you first described them, update your medical evidence. A good solicitor will walk you through this carefully.

Service of proceedings: delivering the summons

Issuing a summons isn't enough—you must also serve it on the defendant within the validity period. Get this wrong and your proceedings may be struck out, potentially after your limitation period has expired.

Time limit for service: A Personal Injury Summons is valid for 12 months from the date of issue. You must serve it on the defendant within this window. If you can't serve within 12 months, you can apply to court to renew the summons, but this requires good reason—not just delay or oversight. Rules of the Superior Courts, Order 8 [21]

Methods of service: Personal service (handing it directly to the defendant or their authorised agent) is the gold standard. For insurance companies, service is typically on their registered office or nominated solicitors. Postal service is permitted in some circumstances but requires proof of delivery. If the defendant is evading service, you can apply for substituted service (e.g., by advertisement or delivery to a last known address).

Which court? Jurisdiction and quantum

Where you file depends on how much your claim is worth (the quantum). Getting this wrong has consequences. Citizens Information: Civil Cases [15]

The jurisdictional gamble. If you sue in the Circuit Court but the judge awards only €12,000 (District Court level), you may get only District Court costs or no costs at all. You aimed high and missed. The Personal Injuries Guidelines pushed many formerly-Circuit claims into District territory. What once justified €25,000 might now assess at €12,000 for similar soft tissue injuries. Personal Injuries Guidelines (2021) [9]

Direct settlement: you don't have to go to court

A common misconception: receiving an Authorisation means you must go to court. Not true. The Authorisation permits court proceedings—it doesn't require them. You can negotiate directly with the respondent's insurer at any time.

Why this matters: Many claimants, especially those who rejected assessments by small margins, reach settlement through direct negotiation without ever issuing proceedings. This saves time (weeks vs months), reduces costs (no court fees, minimal legal fees), and avoids Section 51A risk entirely if you settle before issuing a summons.

The tactical consideration: Issuing proceedings isn't just about going to court—it's a negotiating signal. Some insurers don't engage seriously until proceedings are issued. Others will negotiate immediately post-authorisation. Your solicitor can advise which approach suits your specific respondent and circumstances.

Litigation stages: what to expect

Litigation is slower than IRB assessment. The IRB has statutory timelines (typically 9 months, extendable to 15). Court proceedings move at the pace of court lists, expert availability, and settlement negotiations. Courts Service Statistics [16]

Our experience is that most motor claims settle before trial once discovery is complete and both sides have medical evidence. The trial itself often only happens when liability is genuinely disputed or quantum positions are far apart.

Mediation: the faster alternative

The IRB introduced a mediation service in 2023, extended to motor claims from December 2024. Mediation is voluntary and typically resolves claims in around three months versus the 11+ month average for assessments. IRB Mediation Service [17]

Key limitation: Mediation is primarily available during the IRB process, before authorisation issues. Once you have an Authorisation, the standard litigation track applies. Some court-directed mediation exists, but it's not the same streamlined IRB service.

If you haven't yet rejected an assessment, consider whether mediation might achieve a faster, lower-cost resolution than litigation.

Settlement reality: what 2024 data shows

Litigation sounds dramatic, but most claims never see a courtroom. The IRB 2024 Annual Report shows that around 50% of claimants accepted assessments. Of those who received Authorisations and went toward litigation, over 95% settled before trial. IRB 2024 Annual Report [1]

The IRB assessed 8,598 claims in 2024, awarding €168 million. Savings from avoided litigation totalled €76 million. The median motor award was €12,541, with a 47% acceptance rate for motor claims specifically.

What this means for you: If you reject, you're likely to settle at some point before trial anyway. The question is whether you'll beat the IRB figure after costs. Many don't. The ones who succeed typically have clear reasons: the assessment missed a significant injury element, liability was disputed and is now admitted, or medical circumstances changed materially.

Special cases: minors, fatal injuries, GDPR

Claims involving children (minors). Even if both sides accept an IRB assessment for a child, a court must approve it. This is called "ruling the settlement." A judge reviews whether the amount is fair and directs how funds are managed until the child reaches 18. Courts Service: Court Funds Office [18]

Fatal injury claims. Dependants of someone killed in an accident can claim through the IRB. The mental distress element (solatium) is capped at a statutory figure, but dependency claims for loss of financial support can be substantial. Authorisation works the same way, but quantum calculations are more complex.

Dillon v Irish Life: when you don't need Authorisation. The Supreme Court ruled in 2025 that claims for "pure" non-material damage—emotional distress without a diagnosed psychiatric injury—don't require an IRB Authorisation. This mainly affects GDPR/data breach cases. If your claim involves diagnosed PTSD, depression, or other psychiatric conditions, it still counts as personal injury and needs the IRB route. Dillon Eustace: Dillon v Irish Life [19]

Mistakes that cost claimants

Quick decision guide: accept or reject?

There's no universal answer. Some rejections are clearly right. Some are clearly wrong. Most are judgment calls that depend on your specific facts, risk tolerance, and financial situation.

Common Questions

References