Who Makes a Personal Injury Claim for a Child in Ireland?
Author: Gary Matthews, Principal Solicitor, Law Society of Ireland PC No. S8178 • 3rd Floor, Ormond Building, 31-36 Ormond Quay Upper, Dublin D07 • 01 903 6408 •
A parent or guardian acts as "Next Friend" to bring a personal injury claim on behalf of a child under 18 in Ireland. The child cannot instruct a solicitor or accept a settlement independently, because a minor lacks the legal capacity to enter a binding contract under Irish law. Every settlement requires a judge to approve the amount in a process called an infant ruling under Section 63 of the Civil Liability Act 1961. The approved funds are then held by the Courts Service until the child turns 18.
Claims must first go through the Injuries Resolution Board (2025) (IRB), formerly the Personal Injuries Assessment Board (PIAB), unless the case involves medical negligence. This page is not about where or how a child gets injured. For accident scenarios in shops, playgrounds, schools, and public places, see child public liability claims. This page covers the procedural mechanics: who brings the claim, what legal duties the Next Friend assumes, how the court protects the child's money, and how the young adult accesses their funds at 18.
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.
At a glance
Contents
- What is a Next Friend and why is one needed?
- Who can act as Next Friend (and who cannot)?
- The Five-Stage Minor Claim Process
- How the IRB process works for child claims
- Court approval: the infant ruling explained
- What happens to the compensation money?
- How to access funds at 18
- Can funds be released before the child turns 18?
- How long does a child injury claim take?
- Time limits: claim now or wait?
- Can a child be found contributorily negligent?
- Privacy and the open court problem
- Does the parent have their own separate claim?
- Common myths about child injury claims in Ireland
- FAQs
- References
What is a Next Friend and why is one needed?
A Next Friend is the adult who brings court proceedings or an IRB application on behalf of a child who lacks legal capacity to act independently. Under Irish law, a person under 18 cannot enter a contract of agency with a solicitor and cannot accept or reject a settlement offer. The term comes from Order 15, Rule 16 of the Rules of the Superior Courts, though it applies in all court levels.
The Next Friend is not simply a passive figurehead. They instruct the solicitor, approve medical reports, make strategic decisions about the claim, and sign all legal documents on the child's behalf. Every decision must prioritise the child's welfare over any personal, family, or financial convenience. One detail that surprises many parents: the Next Friend assumes personal liability for the defendant's legal costs if the claim ultimately fails, because the child has no estate from which costs can be recovered.
Cost liability: The Next Friend bears personal financial risk if the claim is unsuccessful. In practice, this is mitigated through the solicitor's assessment of case merits before proceedings begin and, in some cases, through After the Event (ATE) insurance. Discuss this risk openly with your solicitor before agreeing to act as Next Friend.
The important protection is this: Section 63 of the Civil Liability Act 1961 shields the child from the normal "lodgement" costs rule. A court that approves the rejection of a settlement offer under Section 63 protects the child from an adverse costs order, even if the final award at trial does not exceed the rejected amount. This protection exists only when the court has approved the rejection. It does not apply automatically.1
Who can act as Next Friend (and who cannot)?
Any adult with no conflict of interest can serve as Next Friend, though in practice it is almost always a parent or legal guardian. The critical requirement is that the Next Friend must have no interest adverse to the child. They must swear an Affidavit of Suitability confirming their fitness to act and the absence of any competing interest.
Since January 2025, Statutory Instrument 14/2025 (Rules of the Superior Courts (Guardian ad litem and next friend) 2025) formalised the vetting requirements. The Next Friend must now execute a formal authorisation (Form No. 4A/4B) and swear an affidavit confirming they have received legal advice about their duties and responsibilities.
A conflict of interest arises in situations many parents wouldn't anticipate. Consider a car accident where the mother is driving and her child, the front-seat passenger, is injured. The child's claim is against the mother's motor insurance policy. The mother cannot act as Next Friend because she is effectively the defendant. The father, a grandparent, or another independent adult must take the role instead.
Other situations that create conflicts include cases where the Next Friend has a connection to the premises occupier (a relative owns the shop where the child fell), or where multiple children are injured and their interests diverge (one child's evidence might weaken another's claim).
Next Friend vs Guardian ad litem
These roles are distinct. A Next Friend represents the child as plaintiff. A guardian ad litem represents the child as defendant, or is appointed by the court under the Child Care Act 1991 to represent the child's interests in care proceedings. Both roles require the adult to have no adverse interest, but they operate in different procedural contexts.
What happens if the Next Friend needs to be replaced?
A Next Friend can be replaced mid-claim by court order without restarting the proceedings. This situation arises when the original Next Friend dies, becomes incapacitated, moves abroad and cannot participate, or develops a conflict of interest that wasn't apparent at the outset. The solicitor applies to the court to substitute a new Next Friend. The new appointee must satisfy the same requirements: no adverse interest, Affidavit of Suitability, and formal authorisation. The child's claim continues without interruption, and the limitation clock is unaffected by the change.
Can you act as Next Friend? Quick check
Answer the questions below to see whether you are likely eligible to act as Next Friend for a child's personal injury claim in Ireland. This is for guidance only and does not replace legal advice.
1. Are you 18 or over?
The Five-Stage Minor Claim Process
Bringing a claim on behalf of a child follows five distinct stages: Next Friend appointment, evidence preservation, IRB application, infant ruling, and fund management. Unlike adult claims, none of these stages can be skipped, and the court's involvement is mandatory regardless of whether both parties agree on the amount.
Stage 1: Next Friend appointment. The parent or guardian agrees to act, executes the authorisation form, and swears the Affidavit of Suitability. The solicitor files the consent to act with the relevant court office.
Stage 2: Evidence preservation. Gather medical records, accident reports, photographs, CCTV footage, and witness statements. The timing matters more than most guides suggest: CCTV footage in public premises is frequently overwritten within 14 to 30 days, and physical hazards such as broken tiles or defective playground surfaces are typically repaired shortly after an incident. For public liability evidence specifics, see evidence for public liability claims.
Stage 3: IRB application. Submit the claim to the Injuries Resolution Board with the required medical evidence (Form B medical report), respondent details, and the appropriate fee (€45 online). See the IRB section below.
Stage 4: Infant ruling. Whether the assessment is accepted or a separate settlement is negotiated, a judge must review and approve the figure. See the infant ruling section.
Stage 5: Fund management. Approved compensation is lodged with the Accountant of the Courts of Justice and held until the child turns 18. See what happens to the money.
Your first 7 days: what to do right now
Your child has been injured in Ireland. Here is what to do in the first week:
1. Get medical attention immediately. Ask the treating doctor to record every injury and symptom, including psychological effects such as disturbed sleep or anxiety.
2. Report the accident to the premises owner or manager and request a copy of the accident report form.
3. Photograph the hazard, the location, and any visible injuries. Do this on the same day if possible.
4. Write down what happened while your memory is fresh: time, date, conditions, who was present, and what was said.
5. Request CCTV footage in writing. Premises owners may overwrite footage within 14 to 30 days.
6. Contact a solicitor to discuss acting as Next Friend. The solicitor will assess the case merits and advise on the IRB application.
How the IRB process works for child claims
Section 4 of the Personal Injuries Assessment Board Act 2003 allows a Next Friend to submit an IRB application on behalf of a child. The process mirrors adult applications, but with one critical difference: even if both the Next Friend and the respondent accept the IRB's assessment, Section 35 of the same Act requires the accepted assessment to be approved by a judge before it becomes binding.2
The Next Friend must apply for court approval within three months of accepting the IRB assessment. Missing this deadline can create procedural complications. The application goes to the court with jurisdiction over the settlement amount: up to €15,000 in the District Court, between €15,001 and €60,000 in the Circuit Court, and above €60,000 in the High Court.3
Medical negligence cases are different. They bypass the IRB entirely and proceed directly to court. For child medical negligence claims, the Next Friend issues proceedings without an IRB application.
IRB mediation since May 2024: The IRB now offers mediation as a formal, optional step for public liability claims. The Next Friend can consent to mediation, assessment, or both. A mediated agreement still requires court approval when the claimant is a child. See public liability claims through the IRB for the general process.
Section 50 validation: what must be included for the application to pause the clock
Since September 2023, the Personal Injuries Resolution Board Act 2022 tightened the rules on what counts as a valid IRB application. An incomplete application no longer pauses the limitation clock under Section 50. The Next Friend must include all of the following at the point of submission:
| Requirement | Purpose | Consequence if missing |
|---|---|---|
| Claimant signature (Next Friend signs on child's behalf) | Verifies identity and consent | Application incomplete. Limitation clock continues to run. |
| Valid PPS Number | Prevents duplicate or fraudulent applications | Application rejected at intake. |
| Form B medical report from treating practitioner | Provides clinical basis for the IRB to assess compensation | Critical failure. IRB cannot proceed and the limitation clock is not paused. |
| Respondent details (correct legal entity) | Identifies the party bearing liability | Notice cannot be served. Assessment timeline stalled. |
Children benefit from the deferred limitation period (starting at 18), so the Section 50 pause is less urgent than for adult claims. However, a stalled application delays everything: medical evidence ages, and the child waits longer for compensation they may need.
Court approval: the infant ruling explained
An infant ruling is a court hearing at which a judge reviews and approves (or rejects) a financial settlement proposed for a child under 18 in Ireland. The term "infant" here is a legal term meaning any person under the age of majority, not a baby or toddler. Infant rulings are required under Section 63 of the Civil Liability Act 1961 and Section 35 of the Personal Injuries Assessment Board Act 2003. No settlement involving a child can become legally binding without this judicial approval, regardless of whether both sides agree on the amount.
An adult plaintiff can settle privately without ever attending court. A child cannot. This mandatory judicial scrutiny exists to prevent under-settlement and protect the child from decisions that serve adult convenience rather than the child's long-term interests.
The infant ruling is an ex-parte application, meaning only the plaintiff's side attends. The judge examines the medical evidence, the settlement offer, and the child's prognosis. The documentation required is specific and exact:
- The child's original birth certificate (so the court can calculate the date of majority).
- Up-to-date medical reports from treating consultants, with a final prognosis.
- An Affidavit of Verification sworn by the Next Friend, confirming the facts of the case.
- A Schedule of Special Damages detailing out-of-pocket expenses such as travel, medical fees, and equipment.
- A written opinion from Counsel (barrister) confirming the settlement represents fair value (required in the High Court and advisable in all jurisdictions).
The judge has the power to increase the settlement amount but cannot reduce it. The judge can reject the offer entirely, requiring the parties to renegotiate or proceed to trial. This is a meaningful safeguard: between assessment and settlement, the sticking point is usually whether the proposed figure adequately accounts for the child's future development and the long-term effects of injury on a growing body.3
| Settlement amount | Court | Typical case type |
|---|---|---|
| Up to €15,000 | District Court | Minor soft tissue injuries with full recovery |
| €15,001 to €60,000 | Circuit Court | Fractures, ligament injuries, longer recovery periods |
| Over €60,000 | High Court | Serious, complex, or long-term injuries |
Personal injury jurisdiction cap for the Circuit Court is €60,000 (not the €75,000 general tort limit). Jurisdiction thresholds current as of April 2026. The Civil Reform Bill 2025, published as a General Scheme in January 2026, proposes increasing these limits (District to €20,000, Circuit to €100,000), but these changes have not been enacted.
What happens at the hearing: what parents and children should expect
The infant ruling hearing is typically brief, lasting 5 to 15 minutes. It is not adversarial. Only the plaintiff's side attends. The child and the Next Friend are both usually required to be present. The judge may ask the child straightforward questions about their recovery ("How is your arm now?" or "Are you back playing sports?"). The child does not give sworn evidence and is not cross-examined. In scarring cases, the judge may ask to see the scar. Many infant rulings are now conducted by remote video link, a practice that continued after COVID-era remote hearings proved effective. Parents concerned about attending a public courtroom should ask their solicitor whether a remote hearing is available in the relevant court.
What happens to the compensation money?
Once a judge approves the settlement, the funds are transferred to the Accountant of the Courts of Justice, not to the parent. The money is invested in secure, interest-bearing court funds and held until the child reaches 18. The parent cannot access, spend, or manage these funds without a separate court order.
For significant awards in the High Court, the judge may direct that the child be placed in wardship rather than simply lodging funds with the Accountant's Office. In wardship, a Committee of the Ward of Court manages the child's assets and reports to the President of the High Court. This typically applies only to catastrophic injury awards where ongoing care decisions and substantial financial management are required. Turning 18 does not automatically release wardship funds. The ward of court process has its own exit requirements, and the young adult (or their solicitor) must apply to be discharged from wardship before accessing the money.1
Do the funds earn interest while held?
Yes. The Accountant of the Courts of Justice invests the funds in interest-bearing court funds managed by the State. One aspect the official guidance doesn't cover: for smaller awards held for a short period, the interest earned may be modest. For larger awards held from early childhood to 18, accumulated interest can be meaningful. The interest forms part of the total amount released when the child turns 18.
How to access funds at 18
When the child turns 18, they apply directly to the Accountant's Office of the Courts Service to release their funds. The child, now an adult, no longer needs a Next Friend. According to Courts.ie (Updated March 2025), the application can be made in two ways:
- Personal application: Complete the personal application form available from the Accountant's Office. No fee for this application. Sign the form in front of a witness.
- Solicitor application: A solicitor can apply by way of an affidavit, accompanied by the original birth certificate.
The name on the application must match the name on the court order and the birth certificate. A mismatch (from marriage, deed poll, or clerical error) requires a separate court application to amend the name, which adds cost and delay.
Fees on fund release
| Court level | Fee |
|---|---|
| District Court | No fee |
| Circuit Court | No fee |
| High Court | €1.15 per €100 (first €100 exempt). Maximum fee: €1,200 |
Fee information sourced from Courts.ie fund access guide (March 2025). The High Court fee is automatically deducted by the Accountant's Office during disbursement.
Can funds be released before the child turns 18?
Yes, the Next Friend can apply for a partial release of funds before the child reaches 18, but the court will only approve expenses that clearly go beyond normal parental obligations. Day-to-day living costs, food, and clothing do not qualify. The types of expense typically approved include specialised medical treatment not available publicly, educational support required because of the injury, home modifications for mobility needs, and prosthetic equipment.4
The application is made ex-parte, supported by a sworn affidavit explaining the necessity. Court fees for this application are €15 in the District Court and €60 in the Circuit Court. In the High Court, the application can be made to the Master. The court will schedule a hearing, and the judge decides whether to approve the withdrawal.
How long does a child injury claim take in Ireland?
A child's personal injury claim in Ireland typically takes 12 to 24 months from the first solicitor consultation to the infant ruling, though complex cases can take considerably longer. The process has more steps than an adult claim, because every settlement requires a court hearing regardless of whether both sides agree.
| Stage | Typical duration | What determines the pace |
|---|---|---|
| Medical treatment and initial prognosis | 1 to 6 months | Severity of injury. Growth plate injuries may need monitoring over years. |
| Evidence gathering and Next Friend appointment | 1 to 3 months | Speed of CCTV requests, witness statements, and S.I. 14/2025 affidavit. |
| IRB assessment | 6 to 9 months | Whether the respondent engages. Mediation adds time if chosen. |
| Settlement negotiation (if IRB assessment rejected) | 3 to 12 months | Whether liability is disputed. Multiple defendants add complexity. |
| Infant ruling (court approval) | 1 to 3 months | Court scheduling. Must apply within 3 months of accepting an IRB assessment. |
The difference between a child's timeline and an adult's is the infant ruling stage, which adds 1 to 3 months after any settlement is agreed. What the timeline estimates don't account for: in cases where the child's injuries are still evolving (a common scenario with growing children), the solicitor may deliberately delay the medical assessment to allow the prognosis to stabilise. Settling too early risks under-compensating for injuries that worsen as the child develops.
Estimate your child's claim timeline
Select the options below for a rough estimate. Every case is different. This does not constitute legal advice.
Time limits: should you claim now or wait?
A child's two-year limitation period does not start until their 18th birthday, meaning they have until the day before their 20th birthday to issue proceedings. However, acting immediately is strongly advisable. A claim brought on behalf of a child by the Next Friend can begin at any point before the child turns 18. According to Courts.ie,3 there is no minimum age at which a claim must be brought.
The case for acting early is compelling. CCTV footage from premises is routinely overwritten within 14 to 30 days. Witnesses move away and memories fade. Physical hazards, such as broken tiles, wet floors, or defective playground equipment, are repaired shortly after an incident, destroying the primary evidence of negligence. For a toddler injured at age two, waiting 16 years to bring a claim means the court is evaluating events from nearly two decades ago.
Courts have recognised this concern. A claim brought years after the event may be dismissed on the grounds of prejudice to the defendant, because a meaningful defence becomes impossible when evidence has degraded. For detailed limitation rules, see time limits for public liability claims.
When waiting might make sense: In cases where the child's prognosis is uncertain and the full extent of the injury won't be clear until the child matures (for example, a growth plate fracture that could affect limb development), it may be strategically appropriate to delay the claim until a clearer medical picture emerges. Discuss the timing decision with your solicitor and the treating consultant.
Can a child be found contributorily negligent?
Yes, a child can be found contributorily negligent in Ireland, though the standard of care is measured by what can reasonably be expected of a child of the same age, intelligence, and experience. There is no fixed age threshold below which contributory negligence is impossible, unlike some other jurisdictions that apply a "rule of sevens." Section 34 of the Civil Liability Act 1961 governs apportionment of liability.
The Irish Law Reform Commission examined this issue and noted that by age 12, contributory negligence will "almost certainly" be resolved against the child if relevant conduct is shown. For younger children, the question is highly fact-dependent. In practice, a defendant may argue that a 13-year-old who climbed an unstable wall contributed to their own injury (as in a reported case where the child's award was reduced by 30%), while a 5-year-old following their parent across a road would almost never be found at fault.5
Contributory negligence doesn't defeat the claim entirely under Irish law. It reduces the damages proportionally. A finding of 20% contributory negligence on a €50,000 award means the child receives €40,000.
Privacy and the open court problem
Infant rulings are generally conducted in open court, which means the child's name, address, and injury details can be reported publicly. This is one of the most significant concerns parents raise, and one that almost no guide on this topic addresses. Adult plaintiffs can settle privately without ever entering a courtroom. Children cannot, because the settlement requires judicial approval.
The constitutional basis is Article 34.1 of the Irish Constitution, which requires justice to be administered in public. The Law Society Gazette (2022) has documented cases where families faced social media vilification after infant ruling details were published in newspapers, with commenters attacking the child and family without knowing the full circumstances of the case.
There are potential protections. Section 45 of the Courts (Supplemental Provisions) Act 1961 permits justice to be administered otherwise than in public in "lunacy and minor matters," though there is no settled case law confirming this extends to infant rulings. During the COVID-19 pandemic, many infant rulings moved to remote video hearings, which attracted minimal publicity and preserved family privacy. Many courts continue to offer remote infant rulings post-pandemic.
Parents who are concerned about publicity should discuss the possibility of a remote hearing or reporting restriction application with their solicitor before the ruling date. This is a practical consideration unique to Irish child injury claims that few guides address.
Does the parent have their own separate claim?
Yes, the parent may have a separate personal claim alongside the child's claim, covering out-of-pocket expenses, lost earnings, and, in some cases, psychological injury. The child's claim belongs to the child. But the parent's expenses, such as travel to hospital appointments, time taken off work to care for the child, and private medical consultations, are the parent's own financial losses and can be recovered separately.
In cases where the parent witnessed the accident and suffered genuine psychological injury (not ordinary parental worry, but a recognised psychiatric condition such as post-traumatic stress disorder), the parent may bring a separate nervous shock claim. This is a distinct cause of action with its own two-year limitation period.
The parent's claim does not go through the infant ruling process in Ireland. It is treated as a standard adult personal injury or financial loss claim. Keep separate records and receipts for the child's expenses and the parent's own losses from the outset, as mixing these creates problems at settlement stage.
Common myths about child injury claims in Ireland
Myth: any parent can simply submit an IRB claim for their child without further formality. Reality: the parent must formally act as Next Friend, execute an authorisation, and since January 2025 must also swear an Affidavit of Suitability under S.I. 14/2025.7 Submitting an IRB application without proper Next Friend appointment creates procedural vulnerabilities.
Myth: court approval is only needed if the case goes to a full trial. Reality: court approval is needed for every settlement, including IRB assessments accepted by both parties. The judge's approval is mandatory, not discretionary.3
Myth: the parent receives the compensation money to manage for the child. Reality: the funds go to the Accountant of the Courts of Justice, not to the parent. Access before 18 requires a separate court application and is restricted to specific qualifying expenses.
Myth: there's no rush because the child has until their 20th birthday. Reality: critical evidence degrades rapidly. CCTV, witness memories, and physical evidence of premises hazards can be lost within weeks. Courts may also question delays as prejudicial to the defendant.
Myth: the Next Friend has no personal financial risk. Reality: the Next Friend is personally liable for the defendant's legal costs if the claim is unsuccessful. Section 63 provides cost protection only when the court has approved a specific rejection of a settlement offer.
Can both parents act as Next Friend?
No. Only one person acts as Next Friend for any given claim. Both parents may agree on who takes the role, but the court order names a single individual.
- Choose the parent without any conflict of interest.
- Both parents can participate in the process and provide instructions.
- The named Next Friend signs all legal documents.
Why it matters: Naming the wrong parent (for example, the one connected to the defendant) can jeopardise the entire claim.
Next step: Courts.ie claims guide3 • How to make a public liability claim
Can a grandparent make a claim for a grandchild in Ireland?
Yes. A grandparent, aunt, uncle, or any competent adult can act as Next Friend, provided they have no conflict of interest and can swear the Affidavit of Suitability required under S.I. 14/2025.
- The adult does not need to be a legal guardian.
- The same duties apply: instruct the solicitor, sign documents, and bear cost liability if the claim fails.
- This is common when both parents have a conflict (for example, the accident involved both parents).
Why it matters: A child's right to claim does not depend on having a parent available to act. Any suitable adult can step in.
Next step: S.I. 14/20257
What if my child turns 18 before the claim is settled?
The claim continues, but the child can take over and proceed in their own name. The proceedings are amended to remove the Next Friend, and the now-adult claimant instructs the solicitor directly.
- No new proceedings need to be issued.
- The solicitor handles the procedural amendment.
- Any settlement after 18 does not require an infant ruling.
Why it matters: Approaching 18 doesn't mean starting over. The claim transitions smoothly.
Next step: Time limits for public liability claims
Can I bring a public liability claim for my child's school injury?
Yes, school injuries caused by inadequate supervision, unsafe premises, or defective equipment can support a public liability claim. The parent acts as Next Friend and the school's insurer is typically the respondent.
- Report the accident to the school and request a copy of the incident report.
- Attend your GP or A&E and keep all medical records.
- Photograph the hazard and preserve evidence immediately.
Why it matters: Schools owe a heightened duty of care to pupils during school hours and activities.
Next step: Child public liability claims • Evidence guide
How much does it cost to bring a claim for a child?
Most child injury claims are handled on a no win, no fee basis. The IRB application fee is €45 (online) or €90 (post/email). Court approval fees depend on the jurisdiction, and in the District and Circuit Courts there is no fund release fee.
- IRB fee: €45 online.
- Fund release fee: nil (District/Circuit), up to €1,200 (High Court).
- Solicitor's fee is typically recovered from the defendant if the claim succeeds.
Why it matters: Financial barriers should not prevent a child from pursuing a valid claim.
Next step: Citizens Information IRB guide8 • Public liability compensation
Does the IRB process apply to child medical negligence claims?
No. Medical negligence claims bypass the IRB entirely and proceed directly to court. The Next Friend issues proceedings through the solicitor without an IRB application.
- Medical negligence has its own procedural requirements.
- Expert medical evidence is mandatory before proceedings can issue.
- The infant ruling requirement still applies to any settlement.
Why it matters: Submitting a medical negligence claim to the IRB wastes time and delays the child's case.
Next step: Child medical negligence claims
How is compensation calculated for a child's injury?
Compensation follows the Personal Injuries Guidelines 2021, the same framework used for adult claims. The Guidelines set brackets for general damages (pain and suffering) based on injury type and severity. Special damages (out-of-pocket expenses, future care needs, and loss of earnings potential) are calculated separately.
- General damages: assessed by the IRB or court using the Guidelines brackets.
- Special damages: based on vouched expenses and expert evidence.
- Long-term prognosis: particularly important for children, as injuries may affect growth and development.
Why it matters: Children's injuries can evolve differently than adults' injuries, sometimes improving with growth, sometimes creating complications that only emerge later.
Next step: Public liability compensation guide • Personal Injuries Guidelines8
Do I need a solicitor to bring a claim for my child?
There is no legal requirement, but the procedural complexity of child claims makes professional representation essential in practice. The Next Friend must navigate IRB rules, court approval, affidavit requirements, and fund management, and any procedural mistake can delay or weaken the child's claim.
- A solicitor handles the Next Friend paperwork and IRB submission.
- Counsel prepares the written opinion for the infant ruling.
- The solicitor negotiates with the defendant's insurer on the child's behalf.
Why it matters: A child's claim involves more procedural steps than an adult's claim, not fewer.
Next step: Public liability solicitor Dublin • 01 903 6408
Is the process different in the UK?
Yes. Irish and UK child injury claims differ in several important ways. Confusing the two jurisdictions is a common error in online guides.
- Ireland: two-year limitation from the child's 18th birthday (claim by 20th). UK: three years from 18th birthday (claim by 21st).
- Ireland: claims go through the Injuries Resolution Board first. The UK has no equivalent pre-court assessment body for personal injury.
- Ireland: compensation assessed under the Personal Injuries Guidelines 2021. England and Wales use the Judicial College Guidelines, which produce different figures.
- Ireland: funds held by the Accountant of the Courts of Justice. England: funds held by the Court Funds Office, with different investment and fee structures.
Why it matters: Applying UK rules to an Irish claim (or vice versa) can lead to missed deadlines or incorrect expectations about compensation.
Next step: Courts.ie3 • Irish time limits
References
- Civil Liability Act 1961, Section 63, Law Reform Commission revised text; Courts.ie, "How to make a personal injuries claim" (2025), courts.ie
- Personal Injuries Assessment Board Act 2003, Sections 4 and 35, Irish Statute Book
- Courts.ie, "Approving a settlement for someone under eighteen" (Updated 2025), courts.ie
- Courts.ie, "Accessing funds awarded for someone under eighteen" (Updated March 2025), courts.ie
- Law Reform Commission, "Report on the Liability in Tort of Minors and the Liability of Parents for Damage Caused by Minors", lawreform.ie; Civil Liability Act 1961, Section 34, Irish Statute Book
- Law Society Gazette, "Infant Rulings", lawsociety.ie
- S.I. No. 14/2025, Rules of the Superior Courts (Guardian ad litem and next friend) 2025, Irish Statute Book
- Injuries Resolution Board, "Rules and Legislation", injuries.ie
Related internal guides: Child public liability claims • Time limits • How to make a claim • Compensation guide • IRB process • Negligence • Occupiers' Liability Act 1995 • Settlement vs court
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
Gary Matthews Solicitors
Medical negligence solicitors, Dublin
We help people every day of the week (weekends and bank holidays included) that have either been injured or harmed as a result of an accident or have suffered from negligence or malpractice.
Contact us at our Dublin office to get started with your claim today