Civil Liability and Courts Act 2004

• Enactment Date: 21 July 2004
• Act Number: 31

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Number 31 of 2004

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CIVIL LIABILITY AND COURTS ACT 2004

REVISED

Updated to 24 April 2021

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This Revised Act is an administrative consolidation of the Civil Liability and Courts Act 2004. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Children (Amendment) Act 2021 (6/2021), enacted 26 April 2021, and all statutory instruments up to and including the Judicial Council Act 2019 (Commencement) Order 2021 (S.I. No. 182 of 2021), made 15 April 2021, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

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Number 31 of 2004

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CIVIL LIABILITY AND COURTS ACT 2004

REVISED

Updated to 24 April 2021

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Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first passed.

Related legislation

Civil Liability Acts 1961 to 2017: this Act, part 2, is one of a group of Acts included in this collective citation (Civil Liability (Amendment) Act 2017, s. 1(2)). The Acts in the group are:

• Civil Liability Act 1961 (41/1961)

• Civil Liability (Amendment) Act 1964 (17/1964)

• Civil Liability and Courts Act 2004 (31/2004), part 2

• Civil Liability (Amendment) Act 2017 (30/2017), part 2

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1977, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Judicial Council Act 2019 (33/2019)

• Central Bank (National Claims Information Database) Act 2018 (42/2018)

• Domestic Violence Act 2018 (6/2018)

• Civil Liability (Amendment) Act 2017 (30/2017)

• Mediation Act 2017 (27/2017)

• Courts Act 2016 (22/2016)

• Legal Services Regulation Act 2015 (65/2015)

• Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013)

• Ministers and Secretaries (Amendment) Act 2011 (10/2011)

• Civil Law (Miscellaneous Provisions) Act 2008 (14/2008)

All Acts up to and including Children (Amendment) Act 2021 (6/2021), enacted 26 April 2021, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Civil Liability and Courts Act 2004 (Commencement) Order 2017 (S.I. No. 2 of 2017)

• Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

• Civil Liability and Courts Act 2004 (Matters prescribed under section 40) Order 2005 (S.I. No. 339 of 2005)

• Civil Liability and Courts Act 2004 (Section 40(4)) Order 2005 (S.I. No. 338 of 2005)

• Civil Liability and Courts Act 2004 (Section 40(3)) Regulations 2005 (S.I. No. 337 of 2005)

• Civil Liability and Courts Act 2004 (Bodies Prescribed under Section 15) (No. 2) Order 2005 (S.I. No. 336 of 2005)

• Civil Liability and Courts Act 2004 (Bodies Prescribed under Section 40) Order 2005 (S.I. No. 170 of 2005)

• Civil Liability and Courts Act 2004 (Section 17) Order 2005 (S.I. No. 169 of 2005)

• Civil Liability and Courts Act 2004 (Bodies Prescribed Under Section 15) Order 2005 (S.I. No. 168 of 2005)

• Civil Liability and Courts Act 2004 (Commencement) Order 2004 (S.I. No. 544 of 2004)

All statutory instruments up to and including Judicial Council Act 2019 (Commencement) Order 2021 (S.I. No. 182 of 2021), made 15 April 2021, were considered in the preparation of this revision.

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Number 31 of 2004

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CIVIL LIABILITY AND COURTS ACT 2004

REVISED

Updated to 24 April 2021

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Acts Referred to
Building Societies Act 1989	1989, No. 17
Central Bank Act 1971	1971, No. 24
Civil Liability Act 1961	1961, No. 41
Civil Liability (Amendment) Act 1964	1964, No. 17
Companies Acts 1963 to 2003
Court Officers Act 1926	1926, No. 27
Courts Act 1971	1971, No. 36
Courts Act 1981	1981, No. 11
Courts Act 1991	1991, No. 20
Courts and Court Officers Act 1995	1995, No. 31
Courts and Court Officers Act 2002	2002, No. 15
Courts (No. 3) Act 1986	1986, No. 33
Courts (No. 2) Act 1997	1997, No. 43
Courts Service Act 1998	1998, No. 8
Courts (Supplemental Provisions) Act 1961	1961, No. 39
Criminal Procedure Act 1967	1967, No. 12
Debtors (Ireland) Act 1840	3 & 4 Vict., c. 105
Domestic Violence Act 1996	1996, No. 1
Family Home Protection Act 1976	1976, No. 27
Family Law Act 1995	1995, No. 26
Family Law (Divorce) Act 1996	1996, No. 33
Family Law (Maintenance of Spouses and Children) Act 1976	1976, No. 11
Garda Síochána (Compensation) Acts 1941 and 1945
Judicial Separation and Family Law Reform Act 1989	1989, No. 6
Legitimacy Act 1931	1931, No. 13
Maintenance Act 1994	1994, No. 28
Personal Injuries Assessment Board Act 2003	2003, No. 46
Planning and Development Act 2000	2000, No. 30
Registration of Title Act 1964	1964, No. 16
Social Welfare Act 1998	1998, No. 6
Social Welfare (Consolidation) Act 1993	1993, No. 27
Status of Children Act 1987	1987, No. 26
Statute of Limitations (Amendment) Act 1991	1991, No. 18
Succession Act 1965	1965, No. 27
Taxes Consolidation Act 1997	1997, No. 39
The Courts of Justice Act 1924	1924, No. 10

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Number 31 of 2004

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CIVIL LIABILITY AND COURTS ACT 2004

REVISED

Updated to 24 April 2021

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AN ACT TO PROVIDE FOR CERTAIN PROCEDURAL AND OTHER CHANGES IN ACTIONS TO RECOVER DAMAGES FOR PERSONAL INJURIES; TO PROVIDE THAT AN ACTION FOR PERSONAL INJURIES SHALL NOT BE BROUGHT AFTER THE EXPIRATION OF 2 YEARS FROM THE DATE OF ACCRUAL OF THE CAUSE OF ACTION OR THE DATE OF KNOWLEDGE OF THE CAUSE OF ACTION WHICHEVER OCCURS LATER; TO PROVIDE THAT WHERE A PLAINTIFF IN A PERSONAL INJURIES ACTION GIVES FALSE EVIDENCE, THE COURT MAY DISMISS THE PLAINTIFF'S ACTION; TO MAKE PROVISION IN RELATION TO THE ASSESSMENT OF DAMAGES IN A PERSONAL INJURIES ACTION; TO MAKE PROVISION IN RELATION TO THE JURISDICTION OF THE CIRCUIT COURT IN PROCEEDINGS RELATING TO LAND; TO PROVIDE FOR THE DISPOSAL OF PART OF THE FUNDS OF SUITORS VESTED IN THE ACCOUNTANT OF THE COURTS OF JUSTICE; TO MAKE PROVISION IN RELATION TO THE PUBLICATION OF REPORTS, AND PRODUCTION OF DOCUMENTS PREPARED FOR THE PURPOSES, OF PROCEEDINGS TO BE HEARD OTHERWISE THAN IN PUBLIC; AND, FOR THOSE AND OTHER PURPOSES, TO AMEND THE STATUTE OF LIMITATIONS (AMENDMENT) ACT 1991, THE CIVIL LIABILITY ACT 1961 AND CERTAIN OTHER ENACTMENTS; AND TO PROVIDE FOR RELATED MATTERS. [21st July 2004]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART 1

Preliminary and General

Short title and commencement.

1

1.—(1) This Act may be cited as the Civil Liability and Courts Act 2004.

(2) This Act, other than the provisions specified in subsection (3), shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.

(3) Sections 2 to 4, 31 and 32, Chapter 1 of Part 3 and sections 49 and 56 shall come into operation upon the passing of this Act.

Annotations

Editorial Notes:

E1

Power pursuant to section exercised (11.01.2017) by Civil Liability and Courts Act 2004 (Commencement) Order 2017 (S.I. No. 2 of 2017).

2. The following sections of the Civil Liability and Courts Act 2004 (No. 31 of 2004) shall come into operation on 11 January 2017:

(a) section 45;

(b) section 46;

(c) section 47;

(d) section 48;

(e) section 50;

(f) section 51;

(g) section 52;

(h) section 53.

E2

Power pursuant to subs. (2) exercised (20.09.2004) by Civil Liability and Courts Act 2004 (Commencement) Order 2004 (S.I. No. 544 of 2004).

3. (1) The day on which this Order is made is appointed to be the day on which sections 1, 5, 6, 8, 19, 21, 22, 25, 26, 29, 39, 41, 42, 43, 44, 54 and 55 of the Act of 2004 shall come into operation.

(2) The 31st day of March, 2005 is appointed to be the day on which sections 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20, 23, 24, 27, 28 and 40 of the Act of 2004 shall come into...