331 / 822
GAZETTE
MAY 1988
Proposed Amendmen ts t o
M. I .B. I. Ag r eement
Cl a ims aga i nst Un i nsured
Drivers
Changes in the scope of the
protection provided to injured
parties under the existing M.I.B.I.
Agreement introduced in 1964 are
likely to be effective as soon as the
Department of the Environment
introduces the Provisions of the
Second E.E.C. Motor Insurance
Directive. At the moment cover
afforded by the Bureau is limited to
claims for personal injury only in
respect of Third Party risks
compulsorily insurable under the
Road Traffic Act and the classes of
person who may claim against the
vehicle owner or user under
Section 65 of the Road Traffic Act,
1961 are restricted. There is no
provision for payment for damage
to property.
The Litigation Committee of the
Law Society has prepared a list of
suggested submissions to the
Department. The directive covers
those suggested in the Com-
mittee's submissions but omits
cover for pillion passengers on
mo t or cycles and back seat
passengers in vans and commercial
vehicles.
The proposed improvements
wh i ch the gove r nment
w i ll
introduce based on the directive
are:
1. As and from 31st December
1988 victims of hit and run
accidents would be entitled as
of right to compensation for all
personal injuries from the M.I.B.
2. Property damage caused by
uninsured or stolen vehicles:
(a) As from 31st December
1992 property damage is
payable exclusive of the
first £1,088.00
(b) From 31st December 1995
exclusive of the first
£363.00 for non-insured
vehicle and £181.00 from
stolen vehicles.
(c) From 31st December 1987
minimum property damage
under compulsory motor
insurance increased from
£1,000.00 to £37,000.00
(d) From 31st December 1990
to £73,000.00.
The time limit for claiming for
personal injuries to the Bureau is
three (3) years and for property
damages one (1) year from date of
accident.
The directive also sets out the
procedure to be adopted in making
claims and for the first time the
M.I.B.I. will be given the right to
intervene in cases where the
Mandate has not been signed and
secure copies of pleadings lodged
in Court in relation to claims for
compensation against drivers of
stolen or uninsured vehicles.
The directive is welcomed by the
profession as providing a more
equitable basis of redress for
innocent parties who have suffered
loss as a result of the negligence of
uninsured drivers.
JOHN P. WARD
Law Society Litigation Committee.
Ad j ud i ca t i on of
S t amp Dut ies
The following is an updated version
of a practice note, first published in
1981. The text has been revised by
Brian Bohan, Solicitor, Chairman of
the Society's Taxation Committee.
Adjudication is a very important
constituent of the stamp duty code.
It is essential for the proper
stamping of certain instruments; it
is a necessary prerequisite for an
appeal against an assessment of
the
du ty
and,
finally,
it
authenticates the correctness of
the stamp. The fact that in recent
years
over
f i f ty
t housand
instruments are adjudicated upon
annually reflects that importance.
The necessity for and the volume
of adjudication demand that, as far
as possible, there is no avoidable
delay in the processing, assessing
and stamping of instruments
lodged for that purpose. This article
is intended as an aid to the
attainment of that objective.
The Stamp Act, 1891, contains
t wo sections only relating to
adjudication, dealing respectively
w i th the assessment of duty
(Section 12) and with appeals (Sec-
tion 13). For our present purposes
we are concerhed solely with the
first two subsections of section 12
which indicate the purposes of and
the mechanics of adjudication.
"K i ng 's Inns:
A Dubl in Perspect ive"
Exhibi t ion
To mark the Dublin Millennium, the Hon.
Society of King's Inns wi ll mount an
exhibition throughout the month of June,
1988. The Exhibition wi ll be held in
King's Inns Library, Henrietta Street,
Dublin 1, and wi ll be open to the public
at the fol lowing times:-
Mondays:
2.00 p.m. to 5.30 p.m.
Tuesdays to Fridays:
11.00 a.m. to 5.30 p.m.
95