PART 2

Civil Liability

6. —Subject to sections 14(8), 25(4), 26(4), 27(3) and 28(2), a provision of this Part applies only to personal injuries actions brought after the date of the commencement of that provision.

7. — The Statute of Limitations (Amendment) Act 1991 is amended by—

(a) the substitution in subsection (1) of section 3 of “2 years” for “three years”,

(b) the substitution in subsection (1) of section 4 of “2 years” for “three years”,

(c) the substitution in subsection (1) of section 5 of “2 years” for “three years”,

(d) the insertion of the following section:

“5A.—(1) Where the relevant date in respect of a cause of action falls before the commencement of section 7 of the Civil Liability and Courts Act 2004, an action (being an action to which section 3(1), 4(1), 5(1) or 6(1) of this Act applies) in respect of that cause of action shall not be brought after the expiration of—

(a) 2 years from the said commencement, or

(b) 3 years from the relevant date,

whichever occurs first.

(2) In this section ‘relevant date’ means the date of accrual of the cause of action or the date of knowledge of the person concerned as respects that cause of action whichever occurs later.”,

and

(e) the substitution in subsection (1) of section 6 of “2 years” for “three years”.

8. —(1) Where a plaintiff in a personal injuries action fails, without reasonable cause, to serve a notice in writing, before the expiration of 2 months from the date of the cause of action, or as soon as practicable thereafter, on the wrongdoer or alleged wrongdoer stating the nature of the wrong alleged to have been committed by him or her, the court hearing the action may—

(a) draw such inferences from the failure as appear proper, and

(b) where the interests of justice so require—

(i) make no order as to the payment of costs to the plaintiff, or

(ii) deduct such amount from the costs that would, but for this section, be payable to the plaintiff as it considers appropriate.

(2) In this section “date of the cause of action” means—

(a) the date of accrual of the cause of action, or

(b) the date of knowledge, as respects the cause of action concerned, of the person against whom the wrong was committed or alleged to have been committed,

whichever occurs later.

9. —(1) It shall be a function of the courts in personal injuries actions to ensure that parties to such actions comply with such rules of court as apply in relation to personal injuries actions so that the trial of personal injuries actions within a reasonable period of their having been commenced is secured.

(2) Where rules of court prescribe a period of time for the service of a document, or the doing of any other thing, in relation to a personal injuries action, the period within which that document may be served or thing may be done shall not be extended beyond the period so prescribed unless—

(a) the parties to the action agree to the period being extended, or

(b) the court considers that—

(i) in all the circumstances the extension of the period by such further period as it may direct is necessary or expedient to enable the action to be properly prosecuted or defended, and

(ii) the interests of justice require the extension of the period by that further period.

(3) For the purposes of ensuring compliance by a party to a personal injuries action with rules of court, a court may make such orders as to the payment of costs as it considers appropriate.

(4) Nothing in this Act shall be construed as limiting or reducing the power of an authority, having (for the time being) power to make rules regulating the practice and procedure of a court, to—

(a) make such rules in relation to personal injuries actions provided such rules do not derogate from, and are not inconsistent with, any provision of this Act, or

(b) make such rules in relation to proceedings or actions other than personal injuries actions.

(5) In subsections (1) and (2) a reference to the courts or the court includes a reference to the Master of the High Court and a county registrar.

10. —(1) Proceedings in the High Court, Circuit Court or District Court, in respect of a personal injuries action, shall be commenced by a summons to be known as and referred to in this Act as a “personal injuries summons”.

(2) A personal injuries summons shall specify—

(a) the plaintiff's name, the address at which he or she ordinarily resides and his or her occupation,

(b) the personal public service number allocated and issued to the plaintiff under section 223 (inserted by section 14 of the Act of 1998) of the Act of 1993,

(c) the defendant's name, the address at which he or she ordinarily resides (if known to the plaintiff) and his or her occupation (if known to the plaintiff),

(d) the injuries to the plaintiff alleged to have been occasioned by the wrong of the defendant,

(e) full particulars of all items of special damage in respect of which the plaintiff is making a claim,

(f) full particulars of the acts of the defendant constituting the said wrong and the circumstances relating to the commission of the said wrong,

(g) full particulars of each instance of negligence by the defendant.

(3) Where a plaintiff fails to comply with this section—

(a) the court may—

(i) direct that the action shall not proceed any further until the plaintiff complies with such conditions as the court may specify, or

(ii) where it considers that the interests of justice so require, dismiss the plaintiff's action,

and

(b) the court shall take such failure into account when deciding whether to make an order as to the payment of the costs of the personal injuries action concerned, or the amount of such costs.

(4) Where a plaintiff fails to comply with this section, the court hearing the personal injuries action concerned may draw such inferences from the failure as appear proper.

11. —(1) Upon the request of a defendant in a personal injuries action, the plaintiff shall provide the defendant with—

(a) particulars of any personal injuries action brought by the plaintiff in which a court made an award of damages,

(b) particulars of any personal injuries action brought by the plaintiff which was withdrawn or settled,

(c) particulars of any injuries sustained or treatment administered to the plaintiff that would have a bearing on the personal injuries to which the personal injuries action relates, and

(d) the name of any persons from whom the plaintiff received such medical treatment,

in this Act referred to as “further information”.

(2) Upon the request of a defendant in a personal injuries action, the plaintiff shall provide the defendant with documents, of such a class as may be prescribed from time to time by the Minister, from the Revenue Commissioners or the Minister for Social and Family Affairs, as may be appropriate, relating to any earnings or other income in respect of which the plaintiff is making a claim.

(3) Where a plaintiff fails to comply with a request under subsection (1) or (2)—

(a) the court may—

(i) direct that the personal injuries action concerned shall not proceed any further until the plaintiff complies with such conditions as the court may specify, or

(ii) where it considers that the interests of justice so require, dismiss the plaintiff's action,

and

(b) the court shall, at the hearing of the action, take such failure into account when deciding whether to make any order as to the payment of the costs of the action, or the amount of such costs.

(4) Where, upon a request referred to in subsection (1), a plaintiff fails to comply with that subsection, the court hearing the personal injuries action concerned may draw such inferences from the failure as appear proper.

(5) Where, for the purposes of complying with subsection (2), a plaintiff requests the Revenue Commissioners or the Minister for Social and Family Affairs to furnish him or her with documents referred to in that paragraph, the Revenue Commissioners or the said Minister shall furnish him or her with such documents as are in their, or his or her, possession or procurement.

12. —(1) A defence to a personal injuries action shall specify—

(a) the allegations specified, or matters pleaded, in the personal injuries summons of which the defendant does not require proof,

(b) the allegations specified, or matters pleaded in the personal injuries summons of which he or she requires proof,

(c) the grounds upon which the defendant claims that he or she is not liable for any injuries suffered by the plaintiff, and

(d) where the defendant alleges that some or all of the personal injuries suffered by the plaintiff were occasioned in whole or in part by the plaintiff's own acts, the grounds upon which he or she so alleges.

(2) A counterclaim in a personal injuries action shall specify—

(a) the personal public service number allocated and issued to the defendant under section 223 (inserted by section 14 of the Act of 1998) of the Act of 1993,

(b) the injuries to the defendant alleged to have been occasioned by the wrong of the plaintiff,

(c) full particulars of all items of special damage in respect of which the defendant is making a claim,

(d) full particulars of the acts of the plaintiff constituting the said wrong and the circumstances relating to the commission of the said wrong,

(e) full particulars of each instance of negligence by the plaintiff.

(3) Where a defendant fails to comply with this section—

(a) the court may—

(i) direct that the action shall not proceed further until the defendant complies with such conditions as the court may specify, or

(ii) where it considers that the interests of justice so require, give judgment in favour of the plaintiff,

and

(b) the court shall take such failure or refusal into account when deciding whether to make any order as to the payment of the costs of the personal injuries action concerned, or the amount of such costs.

(4) Where a defendant fails to comply with this section, the court hearing the personal injuries action concerned may draw such inferences from the failure as appear proper.

13. —(1) All pleadings in a personal injuries action shall—

(a) in the case of a pleading served by the plaintiff, contain full and detailed particulars of the claim of which the action consists and of each allegation, assertion or plea comprising that claim, or

(b) in the case of a pleading served by the defendant or a third party contain full and detailed particulars of each denial or traverse, and of each allegation, assertion or plea, comprising his or her defence.

(2) Subject to this Act, pleadings in a personal injuries action shall be in such form as are prescribed by rules of court.

14. —(1) Where the plaintiff in a personal injuries action—

(a) serves on the defendant any pleading containing assertions or allegations, or

(b) provides further information to the defendant,

the plaintiff (or in the case of a personal injuries action brought on behalf of an infant or person of unsound mind by a next friend or a committee of the infant or person, the next friend or committee) shall swear an affidavit verifying those assertions or allegations, or that further information.

(2) Where the defendant or a third party in a personal injuries action serves on another party to the action any pleading containing assertions or allegations, the defendant or third party, as the case may be, shall swear an affidavit verifying those assertions or allegations.

(3) Where a personal injuries action is brought on behalf of an infant or a person of unsound mind by a next friend or a committee of the infant or person, an affidavit to which subsection (1) applies sworn by the next friend or committee concerned shall, in respect of assertions, allegations or further information, of which he or she does not have personal knowledge, state that he or she honestly believes the assertions, allegations or further information, to be true.

(4) An affidavit under this section shall be lodged in court not later than—

(a) 21 days after the service of the pleading concerned or such longer period as the court may direct or the parties may agree, or

(b) in the case of a requirement to which subsection (8)(b) applies, 7 days before the date fixed for the trial of the personal injuries action concerned.

(5) If a person makes a statement in an affidavit under this section—

(a) that is false or misleading in any material respect, and

(b) that he or she knows to be false or misleading,

he or she shall be guilty of an offence.

(6) The reference to court in subsection (4) shall—

(a) in the case of a personal injuries action brought in the High Court, include a reference to the Master of the High Court, and

(b) in the case of a personal injuries action brought in the Circuit Court, include a reference to the county registrar for the county in which the proceedings concerned were issued.

(7) An affidavit sworn under this section shall include a statement by the deponent that he or she is aware that the making of a statement by him or her in the affidavit that is false or misleading in any material respect and that he or she knows to be false or misleading is an offence.

(8) This section applies to personal injuries actions brought—

(a) on or after the commencement of this section, and

(b) before such commencement, where a party to the action requires (not later than 21 days before the date fixed for the trial of the action) another party to the action to swear an affidavit in accordance with this section.

15. —(1) Upon the request of any party to a personal injuries action, the court may—

(a) at any time before the trial of such action, and

(b) if it considers that the holding of a meeting pursuant to a direction under this subsection would assist in reaching a settlement in the action,

direct that the parties to the action meet to discuss and attempt to settle the action, and a meeting held pursuant to a direction under this subsection is in this Act referred to as a “mediation conference”.

(2) Where the court gives a direction under subsection (1), each party to the personal injuries action concerned shall comply with that direction.

(3) A mediation conference shall take place—

(a) at a time and place agreed by the parties to the personal injuries action concerned, or

(b) where the parties do not agree a time and place, at a time and place specified by the court.

(4) There shall be a chairperson of a mediation conference who shall—

(a) be a person appointed by agreement of all the parties to the personal injuries action concerned, or

(b) where no such agreement is reached—

(i) be a person appointed by the court, and

(ii)  (I) be a practising barrister or practising solicitor of not less than 5 years standing, or

(II) a person nominated by a body prescribed, for the purpose of this section, by order of the Minister.

(5) The notes of the chairperson of a mediation conference and all communications during a mediation conference or any records or other evidence thereof shall be confidential and shall not be used in evidence in any proceedings whether civil or criminal.

(6) The costs incurred in the holding and conducting of a mediation conference shall be paid by such party to the personal injuries action concerned as the court hearing the action shall direct.

16. —(1) A person appointed under section 15 (4) to be the chairperson of a mediation conference shall prepare and submit to the court hearing the personal injuries action concerned a report, which shall set out—

(a) where the mediation conference did not take place, a statement of the reasons as to why it did not take place, or

(b) where the mediation conference did take place—

(i) a statement as to whether or not a settlement has been reached in the personal injuries action concerned, and

(ii) where a settlement has been entered into, a statement of the terms of the settlement signed by the parties thereto.

(2) A copy of a report prepared under subsection (1) shall be given to each party to the personal injuries action at the same time as it is submitted to the court under that subsection.

(3) At the conclusion of a personal injuries action, the court may—

(a) after hearing submissions by or on behalf of the parties to the action, and

(b) if satisfied that a party to the action failed to comply with a direction under section 15 (1),

make an order directing that party to pay the costs of the action, or such part of the costs of the action as the court directs, incurred after the giving of the direction under section 15 (1).

17. —(1) The plaintiff in a personal injuries action shall, after the prescribed date, serve a notice in writing of an offer of terms of settlement on the defendant.

(2) The defendant in a personal injuries action shall, after the prescribed date, serve a notice in writing on the plaintiff—

(a) of an offer of terms of settlement, or

(b) stating that he or she is not prepared to pay any sum of money to the plaintiff in settlement of the action.

(3) A copy of a formal offer shall, after the expiration of the prescribed period be lodged in court by, or on behalf of, the plaintiff or defendant, as the case may be.

(4) The terms of a formal offer shall not be communicated to the judge in the trial of a personal injuries action until after he or she has delivered judgment in the action.

(5) The court shall, when considering the making of an order as to the payment of the costs in a personal injuries action have regard to—

(a) the terms of a formal offer, and

(b) the reasonableness of the conduct of the parties in making their formal offers.

(6) This section is in addition to and not in substitution for any rule of court providing for the payment into court of a sum of money in satisfaction of a cause of action or the making of an offer of tender of payment to the other party or parties to an action.

(7) In this section—

“formal offer” means an offer under subsection (1) or (2)(a), or a statement under subsection (2)(b);

“prescribed date” means such date before the date of the commencement of the trial of the personal injuries action concerned as is prescribed by order of the Minister;

“prescribed period” means such period commencing on the prescribed date as is prescribed by order of the Minister.

18. —(1) Where, in a personal injuries action, the court considers it appropriate, it shall direct that a hearing be held before the trial of the action for the purposes of determining what matters relating to the action are in dispute.

(2) All parties to a personal injuries action shall be entitled to be heard at a hearing held pursuant to a direction under subsection (1).

(3) A hearing held pursuant to a direction under subsection (1) shall be presided over by—

(a) in the case of a personal injuries action brought in the High Court, a judge of the High Court, the Master of the High Court, a Deputy Master of the High Court or an officer nominated under paragraph 6(1) of the Eighth Schedule to the Courts (Supplemental Provisions) Act 1961 , as the President of the High Court may direct,

(b) in the case of a personal injuries action brought in the Circuit Court, a judge of the Circuit Court, the county registrar for the county in which the action was brought or a member of the staff of the Circuit Court Office in the county in which the action was brought, as the President of the Circuit Court may direct,

(c) in the case of a personal injuries action brought in the District Court, a judge of the District Court.

(4) This section is in addition to and not in substitution for any power of a court to give directions in relation to any matter in a personal injuries action.

19. —(1) In a personal injuries action evidence as to any matter shall, where the court so directs, be given by affidavit.

(2) This section shall not operate to deny a party in a personal injuries action the right to cross-examine a witness who has given evidence by affidavit in accordance with a direction under subsection (1).

20. —(1) In a personal injuries action, the court may appoint such approved persons as it considers appropriate to carry out investigations into, and give expert evidence in relation to, such matters as the court directs.

(2) A party in a personal injuries action shall cooperate with a person appointed under this section and shall, in particular, provide the person with—

(a)  (i) any report or other document prepared by the party, or

(ii) any report or other document prepared on behalf of the party concerned, for the purposes of or in contemplation of the personal injuries action,

and

(b) any document or information used or referred to for the purpose of preparing the report.

(3) The costs incurred in the appointment of, and carrying out of an investigation by, a person appointed under this section shall be paid by such party to the personal injuries action concerned as the court hearing the action shall direct.

(4) A party in a personal injuries action shall be entitled to cross-examine a person appointed under this section in relation to any matter that he or she was appointed to investigate and give expert evidence on.

(5) The President of the High Court in consultation with the President of the Circuit Court and the President of the District Court shall approve such persons as he or she considers appropriate for the purposes of this section, and a person so approved is in this section referred to as an “approved person”.

21. —(1) The Supreme Court may, upon an appeal to it in a personal injuries action, invite such persons as it considers appropriate to make submissions to the court—

(a) in relation to any matter concerning either liability or damages that it considers to be of exceptional public importance, and

(b) if the action belongs to a class of causes of action in which the same or a similar matter arises.

(2) The Supreme Court may perform functions under subsection (1), either—

(a) upon receiving a request in that behalf from a party to the personal injuries action concerned, or from a person who is not such a party, or

(b) where no such request is made.

(3) Where a person declines an invitation to make submissions under this section he or she shall inform the court in writing stating his or her reason for so declining.

22. —(1) The court shall, in assessing damages in a personal injuries action, have regard to the Book of Quantum.

(2) Subsection (1) shall not operate to prohibit a court from having regard to matters other than the Book of Quantum when assessing damages in a personal injuries action.

(3) In this section “Book of Quantum” means the Book of Quantum required to be prepared and published by the Personal Injuries Assessment Board under the Act of 2003.

23. —(1) The Minister may, by regulations, prescribe actuarial tables for the purpose of their being referred to by the courts when assessing damages in personal injuries actions in respect of future financial loss.

(2) A court in a personal injuries action shall, in assessing damages in respect of future financial loss, refer to such actuarial tables (if any) as are prescribed under subsection (1).

(3) In this section “actuarial tables” means actuarial tables prepared by a person designated for that purpose by a body prescribed by regulations made by the Minister.

24. —(1) The Minister may, by regulations, prescribe the discount rate that shall apply for the purposes of the assessment of damages in respect of future financial loss.

(2) Regulations under subsection (1) may prescribe different rates in respect of different classes of financial loss or different periods of time.

(3) The court may apply a discount rate other than the rate prescribed under subsection (1) if it considers that the application of the rate prescribed would result in injustice being done.

(4) In this section “discount rate” means, in relation to the assessment of damages by a court, the rate commonly referred to by that name that is applied by the court for the purpose of determining the current value of any future financial loss.

25. —(1) If, after the commencement of this section, a person gives or dishonestly causes to be given, or adduces or dishonestly causes to be adduced, evidence in a personal injuries action that—

(a) is false or misleading in any material respect, and

(b) he or she knows to be false or misleading,

he or she shall be guilty of an offence.

(2) If, after the commencement of this section, a person gives, or dishonestly causes to be given, an instruction or information, in relation to a personal injuries action, to a solicitor, or person acting on behalf of a solicitor, or an expert, that—

(a) is false or misleading in any material respect, and

(b) he or she knows to be false or misleading,

he or she shall be guilty of an offence.

(3) For the purposes of this section, an act is done dishonestly by a person if he or she does the act with the intention of misleading the court.

(4) This section applies to personal injuries actions—

(a) brought on or after the commencement of this section, and

(b) pending on the date of such commencement.

(5) In this section “expert” means a person who has a special skill or expertise and who—

(a) has been engaged by or on behalf of a plaintiff or defendant in a personal injuries action to give expert evidence in that action, or

(b) for the purposes of or in contemplation of a personal injuries action has been requested to carry out an examination or investigation in relation to any matter for which such special skill or expertise is necessary.

26. —(1) If, after the commencement of this section, a plaintiff in a personal injuries action gives or adduces, or dishonestly causes to be given or adduced, evidence that—

(a) is false or misleading, in any material respect, and

(b) he or she knows to be false or misleading,

the court shall dismiss the plaintiff's action unless, for reasons that the court shall state in its decision, the dismissal of the action would result in injustice being done.

(2) The court in a personal injuries action shall, if satisfied that a person has sworn an affidavit under section 14 that—

(a) is false or misleading in any material respect, and

(b) that he or she knew to be false or misleading when swearing the affidavit,

dismiss the plaintiff's action unless, for reasons that the court shall state in its decision, the dismissal of the action would result in injustice being done.

(3) For the purposes of this section, an act is done dishonestly by a person if he or she does the act with the intention of misleading the court.

(4) This section applies to personal injuries actions—

(a) brought on or after the commencement of this section, and

(b) pending on the date of such commencement.

27. —(1) The Act of 1961 is amended by the insertion, in section 50, of the following subsection:

“(2) In assessing damages under this Part, account shall not be taken of any charitable gift (whether in the form of money or other property) made to the plaintiff in consequence of the death of the deceased unless—

(a) the defendant is the donor of the gift, and

(b) at the time of the making of the gift he or she informs the plaintiff in writing that, should the plaintiff recover damages in an action under this Part, the defendant will apply to the court for the damages to be reduced by an amount equal to the amount of the gift or the value of the gift, as may be appropriate.”,

and the said section 50 as it stood immediately before the commencement of this subsection shall be referred to as subsection (1) of section 50.

(2) The Civil Liability (Amendment) Act 1964 is amended by the insertion, in section 2, of the following subsection:

“(2) In assessing damages in an action to recover damages in respect of a wrong resulting in personal injury not causing death, account shall not be taken of any charitable gift (whether in the form of money or other property) made to the plaintiff in respect of those injuries unless—

(a) the defendant is the donor of the gift, and

(b) (i) at the time of the making of the gift he or she informs the plaintiff in writing that, should the plaintiff recover damages in such an action, the defendant will apply to the court for the damages to be reduced by an amount equal to the amount of the gift or the value of the gift, as may be appropriate, or

(ii) in the case of a plaintiff who is employed by the defendant, the gift consists of a series of payments that resemble, in amount and frequency, the normal remuneration that the plaintiff would be entitled to receive from the defendant in the course of his or her employment.”,

and the said section 2 as it stood immediately before the commencement of this subsection shall be referred to as subsection (1) of section 2.

(3) The amendments to—

(a) section 50 of the Act of 1961, and

(b) section 2 of the Civil Liability (Amendment) Act 1964 ,

effected by this section do not apply to causes of action accruing before the commencement of this section.

28. —(1) In a personal injuries action (other than an action under section 48 of the Act of 1961), any income, profit or gain in respect of which—

(a) the plaintiff is making a claim, and

(b)  (i) a return has not been made before the hearing of the action in accordance with the Taxes Consolidation Act 1997 , or

(ii) the plaintiff has not otherwise notified the Revenue Commissioners,

shall, for the purposes of assessing damages, be disregarded by the court, unless the court considers that in all the circumstances it would be unjust to disregard such income, profit or gain.

(2) This section does not apply to causes of action accruing before the commencement of this section.

29. —(1) A person guilty of an offence under this Part shall be liable, upon conviction on indictment, to a fine not exceeding €100,000, or imprisonment for a term not exceeding 10 years, or to both.

(2) The District Court may try summarily a person charged with an offence under this Part if—

(a) the court is of the opinion that the facts proved or alleged constitute a minor offence fit to be tried summarily,

(b) the person, upon being informed by the court of his or her right to be tried with a jury, does not object to being tried summarily, and

(c) the Director of Public Prosecutions consents to the person being tried summarily for the offence.

(3) A person who is tried under and in accordance with subsection (2) shall be liable, upon conviction, to a fine not exceeding €3,000, or imprisonment for a term not exceeding 12 months, or to both.

(4) Section 13 of the Criminal Procedure Act 1967 shall apply in relation to an offence under this Part as if, in lieu of the penalties specified in subsection (3)(a) of that section, there were specified therein the penalties provided for in subsection (3), and the reference in subsection (2)(a) of the said section 13 to the penalties provided for by subsection (3) shall be construed and have effect accordingly.

30. —(1) The Courts Service shall, on the commencement of this section, establish and maintain a register of personal injuries actions (in this section referred to as the “register”).

(2) The Courts Service shall enter in the register—

(a) the name and address of the solicitor for each party to a personal injuries action,

(b) the name and occupation of each party to a personal injuries action, and

(c) the address at which he or she ordinarily resides,

as specified in the pleadings relating to the action.

(3) The register shall be made available to such persons as establish to the satisfaction of the Courts Service a sufficient interest in seeking access to it.

31. —The Act of 2003 is amended by the insertion of the following section:

32. —(1) For the avoidance of doubt, the reference in the definition of “proceedings” in section 4(1) of the Act of 2003 to “proceedings in court” includes, and shall be deemed to have always included, a reference to—

(a) proceedings by way of a counterclaim, and

(b) proceedings by way of the service of a third party notice (other than a third party notice claiming only an indemnity or a contribution).

(2) Section 30(4) of the Act of 2003 is amended by the insertion after “subsection (3)” of “or is one relating to a proposed action for damages under section 48 of the Act of 1961”.