Do I have a choice as to whether or not to use the Injuries Board?
If your claim falls within the scope of the Injuries Resolution Board (IRB), you must use its process. This applies to most personal injury claims, including road traffic, workplace (employer liability), and public liability incidents. The only exceptions include medical negligence and a few niche categories.
You cannot go straight to court. The only way to initiate court proceedings is by receiving an authorisation from the IRB.
When can the IRB issue an authorisation?
- Early refusal or non‑engagement by the respondent – If the IRB declines to assess your claim or if the respondent (the party you’re claiming against) chooses not to participate in the IRB process, IRB will issue an authorisation early on, before any assessment begins.
- Rejection of the IRB outcome – If the IRB proceeds with an assessment, either by agreement of the respondent or claim type, and either you or the respondent rejects the award, the IRB will issue an authorisation at that point too.
