A was involved in traffic accident with B.
Liability is disputed.
A claims from his insurance policy and his insurers issue proceedings against B for recovery of their outlay. As this is a subrogation case, the pleadings are in thename of A v B.
In the meantime, A was injured and decided to mount claim through Injuries Board.
A's insurance recovers 100% from B's insurers after a fought District Court case.
If A now does not accept the Injuries Board Award, is he prevented from mounting his own Circuit Court case on the grounds that he cannot sue twice?
I think I recall some High Court case in 2021/2022/2023 where it was accepted by Judge that A could sue afresh on the grounds that it would be manifestly unjust to prevent him simply by the fact that his insurers sought recovery of their outlay.
Liability is disputed.
A claims from his insurance policy and his insurers issue proceedings against B for recovery of their outlay. As this is a subrogation case, the pleadings are in thename of A v B.
In the meantime, A was injured and decided to mount claim through Injuries Board.
A's insurance recovers 100% from B's insurers after a fought District Court case.
If A now does not accept the Injuries Board Award, is he prevented from mounting his own Circuit Court case on the grounds that he cannot sue twice?
I think I recall some High Court case in 2021/2022/2023 where it was accepted by Judge that A could sue afresh on the grounds that it would be manifestly unjust to prevent him simply by the fact that his insurers sought recovery of their outlay.