ABSTRACT

In studying the 1999 Agreement, we have not had the advantage of many cases being tested, as the Agreement is still relatively new. More pertinent is the fact that the 1999 Agreement has only just been in force for three years. Past knowledge of the MIB’s conduct of cases shows that the MIB will not take cases challenging notices given until the three year limitation period has passed, so that if the MIB is successful, it knows that the claimant cannot simply reissue proceedings.