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District Court Rules

Schedule: C - Forms in civil proceedings

Form: 40A.08 Notice of application by assessors

S.I. No. 17 of 2014

40A.08

Notice of application by assessors


Schedule C
O.40A, r.14

District Court Area of

District No.

Record number:

In the matter of an application to the Personal Injuries Assessment Board by

....... Claimant

........ of ........ Applicant

........ of ........ in the above Court *(area and) district ..... Respondent


NOTICE OF APPLICATION

Personal Injuries Assessment Board Act 2003, section 27


WHEREAS a request was made on ........ 20....... under section *26(1) *26(2) of the Personal Injuries Assessment Board Act 2003 to you, the respondent, by assessors assigned by the Personal Injuries Assessment Board the performance of functions under Chapter 2 of Part 2 of the Personal Injuries Assessment Board Act 2003

*to furnish to them such records, documents, or other information in your possession or control as they reasonably requested for the purpose of—

      *(a) verifying any item of loss alleged by the above-named claimant in his/her relevant claim

      *(b) complying with the provisions of any enactment that requires specified amounts to be deducted or specified matters to be taken account of in the making of an assessment of damages

*to furnish to them for the purpose specified in section 26(3) of the Personal Injuries Assessment Board Act 2003 relevant particulars in relation to a mechanically propelled vehicle contained in a database that is maintained for the purposes of any Community act.

AND WHEREAS you have *failed/*refused to comply with the said request. TAKE NOTICE that I will apply at the sitting of the District Court to be held at ...... on the ...... day of ........ 20.... at........ a.m./p.m. for an order under section 27(2) of the Personal Injuries Assessment Board Act 2003, directing you to comply with the said request.

Signed: ........

(Solicitor for the) Applicant

To: The above named respondent of ........

To the District Court Clerk,

District Court Office at ........

This notice of application has been filed with the District Court Clerk at ........ and issued on the ...... day of ........ 20....

*Delete where inapplicable