Civil Liability Act 1961

Judgment against one wrongdoer.

18

18. (1) Where damage is suffered by any person as a result of concurrent wrongs—

( a) judgment recovered against any wrongdoer liable in respect of that damage shall not be a bar to an action against any other person who would, if sued, have been liable as concurrent wrongdoer in respect of the same damage;

( b) if more than one action is brought in respect of that damage by or on behalf of the person by whom it was suffered, or for the benefit of his estate, or for the benefit of his dependants, against wrongdoers liable in respect of the damage, the sums recoverable under the judgments given in those actions by way of damages shall not in the aggregate exceed the amount of the damages awarded by the judgment first given; and in any of those actions, other than that in which judgment is first given, the plaintiff shall not be entitled to costs unless the court is of opinion that there was reasonable ground for bringing the action: but this paragraph shall not apply where the judgment first given was an apportioned judgment given in pursuance of section 14, section 38 or section 46.

(2) The reference in this section to “ the judgment first given” shall, in a case where that judgment is reversed on appeal, be construed as a reference to the judgment first given which is not so reversed and, in a case where a judgment is varied on appeal, be construed as a reference to that judgment as so varied.

Annotations:

Modifications (not altering text):

C13

Application of Act extended with modifications (1.06.2004) by Personal Injuries Assessment Board Act 2003 (46/2003), s. 43, S.I. No. 252 of 2004.

Application of section 18 of Act of 1961.

43.—For the purposes of the application of section 18 of the Act of 1961 in circumstances where a claimant is not barred from bringing proceedings against a non-participating or non-accepting respondent or respondents, an assessment of the claimant’s relevant claim or, if an order to pay in respect of it has been issued, that order to pay, shall be deemed to be an award of damages, of the amount or amounts specified in the assessment or the order to pay, made by the judgment first given (within the meaning of that section).