Rejection of award by applicant
110.Where an applicant does not wish to accept the award or to apply to the Review Committee for a review of the award, he or she should notify the Board in writing that he or she rejects the award. An award will be deemed to have been rejected if the applicant does not accept, send for review or reject that award within one month from the date of receiving the Notice of Award.
Where an applicant rejects, or is deemed to have rejected, an award, and proceeds with a civil action arising out of the same, or substantially the same, acts complained of in the application for redress, the Minister, a public body or any other party will not in such proceedings rely for the purposes of the Statute of Limitations on the period between the date of the application to the Board and the date on which proceedings before the Board (or the Review Committee, as the case may be) were terminated.
Death of applicant before acceptance or rejection of award
110AWhere an award has been made by the Board, but the applicant dies before deciding whether to accept or reject that award, or to submit it to the Review Committee,
if the applicant is survived by a spouse or a child, he or she may proceed with the application and make a decision as to the award. If there is more than one such person, the Board will determine who is to act on behalf of the applicant.
if the applicant is not survived by a spouse or a child, the applicant will be deemed to have accepted the award and the Board will direct that the award is paid to the applicant’s personal representatives.
111.As a result of section 27(1) of the Act, the Board will pay to an applicant to whom an award has been made either by the Board or on review, a reasonable amount for legal expenses incurred by the applicant in the preparation and presentation of the application to the Board. Section 27(1) further provides that these expenses/costs should be agreed between the Board and the applicant (or the applicant’s solicitors or other representatives). If the costs cannot be agreed between the Board and the applicant, then the costs will be taxed before a Taxing Master of the High Court. Once the costs have been referred to the Taxing Master, submissions will be made to the Taxing Master on behalf of the Board and the applicant and the Taxing Master will ultimately decide what costs will be paid by the Board to the applicant and/or his or her solicitors/representatives. It should be noted that the costs will not be paid until an application has been finally determined and an award has been made.
In addition to the costs relating to an application to the Board, it should also be noted that section 27(2) of the Act provides that the Board shall also pay to an applicant who accepts an award, the costs of any associated court proceedings which were instituted by that applicant against a public body or a person who had made a contribution to the special account established under Section 23 of the Act, provided that the applicant has signed the necessary Form of Waiver in respect of those proceedings. The Form of Waiver is quite simply, written confirmation by the applicant that he or she will not pursue any right of action which the applicant may have against a public body or a person who has made a contribution to the fund or in a case where proceedings have already been issued, the applicant is agreeing not to go ahead with those proceedings.
As in the case of an application to the Board, the applicant’s costs of the Court proceedings should be agreed between the Board and the applicant (or the applicant’s solicitors or other representative); however, if the costs cannot be agreed between the Board and the applicant, then the costs will be taxed before a Taxing Master of the High Court.