Courts act, 1988

• Act Number: 14
• Enactment Date: 21 June 1988

Number 14 of 1988
COURTS ACT, 1988
ARRANGEMENT OF SECTIONS
Section 1. Abolition of juries in certain actions in High Court. 2. Remittal or transfer of certain actions. 3. Amendment of Air Navigation and Transport Act, 1936. 4. Amendment of Civil Liability Act, 1961. 5. Regulation of number of counsel appearing in certain actions. 6. Short title, collective citation, construction and application.
Acts Referred to Air Navigation and Transport Act, 1936 1936, No. 40 Air Navigation and Transport Act, 1965 1965, No. 6 Civil Liability Act, 1961 1961, No. 41 Courts of Justice Act, 1924 1924, No. 10 Courts (Supplemental Provisions) Acts, 1961 to 1986
Number 14 of 1988
COURTS ACT, 1988
AN ACT TO PROVIDE THAT CERTAIN ACTIONS IN THE HIGH COURT SHALL NOT BE TRIED WITH A JURY AND TO PROVIDE FOR THE REGULATION OF THE NUMBER OF COUNSEL APPEARING IN CERTAIN ACTIONS AND FOR RELATED MATTERS. [21st June, 1988]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Abolition of juries in certain actions in High Court.	1.—(1) Notwithstanding section 94 of the Courts of Justice Act, 1924 , or any other provision made by or under statute, or any rule of law, an action in the High Court—
	(a) claiming damages in respect of personal injuries to a person caused by negligence, nuisance or breach of duty (whether the duty exists by virtue of a contract or a provision made by or under a statute or independently of any such contract or any such provision),
	(b) under section 48 of the Civil Liability Act, 1961 , or
	(c) under section 18 (inserted by the Air Navigation and Transport Act, 1965 ) of the Air Navigation and Transport Act, 1936 ,
	or a question of fact or an issue arising in such an action, shall not be tried with a jury.
	(2) Subsection (1) of this section also applies in relation to—
	(a) an action in which damages are claimed both in respect of personal injuries to a person caused as specified in subsection (1) (a), or the death of a person, and in respect of another matter, and
	(b) an action in which—
	(i) the damages claimed consist only of damages in respect of a matter other than personal injuries to, or the death of, a person, and
	(ii) the claim arises directly or indirectly from an act or omission that has also resulted in personal injuries to, or the death of, a person,
	and in relation to a question of fact or an issue arising in an action referred to in paragraph (a) or (b) of this subsection.
	(3) Subsection (1) of this section does not apply in relation to—
	(a) an action where the damages claimed consist only of damages for false imprisonment or intentional trespass to the person or both,
	(b) an action where the damages claimed consist of damages for false imprisonment or intentional trespass to the person or both and damages (whether claimed in addition, or as an alternative, to the other damages claimed) for another cause of action in respect of the same act or omission, unless it appears to the court, on the application of any party, made not later than 7 days after the giving of notice of trial or at such later time as the court shall allow, or on its own motion at the trial, that, having regard to the evidence likely to be given at the trial in support of the claim, it is not reasonable to claim damages for false imprisonment or intentional trespass to the person or both, as the case may be, in respect of that act or omission, or
	(c) a question of fact or an issue arising in an action referred to in paragraph (a) or (b) of this subsection other than an issue arising in an action referred to in the said paragraph (b) as to whether, having regard to the evidence likely to be given at the trial in support of the claim concerned, it is reasonable to claim damages for false...