Civil liability and courts act 2004

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

Number 31 of 2004
CIVIL LIABILITY AND COURTS ACT 2004
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section 1. Short title and commencement. 2. Interpretation. 3. Orders and regulations. 4. Service of notices. 5. Expenses.
PART 2
Civil Liability
6. Application of Part. 7. Amendments of Statute of Limitations (Amendment) Act 1991. 8. Letter of claim. 9. Rules of court. 10. Bringing of proceedings. 11. Request for further information. 12. Defence and counterclaim. 13. Pleadings generally. 14. Verifying affidavit. 15. Mediation conference. 16. Report of chairperson of mediation conference. 17. Formal offers. 18. Pre-trial hearings. 19. Evidence. 20. Expert evidence. 21. Intervention in a personal injuries action. 22. Matter to be taken into account by the court when assessing damages. 23. Actuarial tables. 24. Discount rate. 25. False evidence, etc. 26. Fraudulent actions. 27. Collateral benefits. 28. Income undeclared for tax purposes. 29. Offences. 30. Register of personal injuries actions. 31. Amendment of Act of 2003. 32. Other amendments of Act of 2003.
PART 3
Courts
Chapter 1
Funds of Suitors
33. Definitions. 34. Realisation of investment of dormant accounts of funds of suitors. 35. Disposal of part of funds of suitors. 36. Deficiency in funds of suitors. 37. Publication of notices by Accountant. 38. Register of funds of suitors.
Chapter 2
Miscellaneous Provisions
39. Definitions. 40. Proceedings heard otherwise than in public. 41. Interest on costs, charges or expenses of certain judgments, orders or decrees. 42. Certain officers to act as registrar of Central Criminal Court. 43. Amendment of section 27 of Court Officers Act 1926. 44. Amendment of section 38 of Court Officers Act 1926. 45. Amendment of Courts (Supplemental Provisions) Act 1961. 46. Amendment of Registration of Title Act 1964. 47. Amendment of Succession Act 1965. 48. Amendment of Act of 1976. 49. Amendment of section 1 of Courts (No. 3) Act 1986. 50. Amendment of Act of 1989. 51. Amendment of Act of 1995. 52. Amendment of Act of 1996. 53. Amendment of Planning and Development Act 2000. 54. Exclusion of certain witnesses, etc. 55. Amendment of Act of 2002. 56. Increase in number of judges of High Court, Circuit Court and District Court.
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
Number 31 of 2004
CIVIL LIABILITY AND COURTS ACT 2004
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) 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.
	Interpretation.	2.—(1) In this Act, except where the context otherwise requires—
	“act” has the same meaning as it has in the Act of 1961;
	“Act of 1961” means the Civil Liability Act 1961 ;
	“Act of 1993” means the Social Welfare (Consolidation) Act 1993 ;
	“Act of 1998” means the Social Welfare Act 1998 ;
	“Act of 2002” means the Courts and Court Officers Act 2002 ;
	“Act of 2003” means the Personal Injuries Assessment Board Act 2003 ;
	“court” means, in relation to a personal injuries action, the court in which that action has been brought, being the High Court, Circuit Court or District Court, as the case may be;
	“date of knowledge” shall be construed in accordance with the Statute of Limitations (Amendment) Act 1991 ;
	“defendant” has the same meaning as it has in the Act of 1961;
	“expert evidence” means evidence of fact or opinion given by a person who would not be competent to give such evidence unless he or she had a special skill or expertise;
	“further information” has the meaning assigned to it by section 11 ;
	“mediation conference” has the meaning assigned to it by section 15 ;
	“Minister” means the Minister for Justice, Equality and Law Reform;
	“negligence” includes nuisance and breach of duty (whether the duty exists by virtue of a contract, a provision of a statute, an instrument under a statute, or otherwise);
	“personal injuries action” means an action for the recovery of damages, in respect of a wrong—
	(a) for personal injuries,
	(b) for both such injuries and damage to property (but only if both have been caused by the same wrong), or
	(c) under section 48 of the Act of 1961,
	but shall not include an application for compensation under the Garda Síochána (Compensation) Acts 1941 and 1945, or an action where the damages claimed include damages for false imprisonment or trespass to the person;
	“personal injuries summons” has the meaning assigned to it by section 10 ;
	“personal injury” has the same meaning as it has in the Act of 1961;
	“plaintiff” has the same meaning as it has in the Act of 1961;
	“pleading” means, in relation to a personal injuries action, a personal injuries summons, a defence, a defence and counterclaim or any other document (other than an affidavit or a report prepared by a person who is not a party to that action) that, under rules of court, is required to be, or may be, served (within such period as is prescribed by those rules) by a party to the action on another party to that action;
	“settlement” includes, in relation to a personal injuries action, a settlement of the action in part only, and cognate words shall be construed accordingly;
	“third party” has the same meaning as it has in the Act of 1961;
	“wrong” has the same meaning as it has in the Act of 1961;
	“wrongdoer” has the same meaning as it has in the Act of 1961.
	(2) In this Act—
	(a) a reference to a section or Part is a reference to a section or Part of this Act, unless it is indicated that a reference to some other enactment is intended,
	(b) a reference to a subsection, paragraph or subparagraph is a reference to a subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended, and
	(c) a reference to any enactment is a reference to that enactment as amended...