Civil Liability Act 1961

PART IV

Fatal Injuries

Annotations:

Amendments:

F12

Substituted (25.12.1996) by Civil Liability (Amendment) Act 1996 (42/1996), s. 1, subject to transitional provision in s. 1(2), commenced on enactment.

F13

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), ss. 105, 169 and sch. part 4, item 2, S.I. No. 648 of 2010.

F14

Deleted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 169, sch. part 4, item 2, S.I. No. 648 of 2010.

F15

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 169, sch. part 4, item 2, S.I. No. 648 of 2010.

F16

Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 204, S.I. No. 648 of 2010.

F17

Substituted (1.11.2010) by Adoption Act 2010 (21/2010), s. 175(b), S.I. No. 511 of 2010.

Modifications (not altering text):

C19

Application of Part IV affected (1.12.2005) by Social Welfare Consolidation Act 2005 (26/2005), s. 285, S.I. No. 923 of 2005.

Exclusion in assessment of damages.

285.—(1) In assessing damages in any action under the Fatal Injuries Act 1956 , or Part IV of the Civil Liability Act 1961, whether commenced before or after 24 February 1981, there shall not be taken into account any child benefit, widow’s (contributory) pension, widower’s (contributory) pension, orphan’s (contributory) allowance, one-parent family payment in the case of a person who qualifies for that payment by virtue of being a widow or widower, widow’s (non-contributory) pension, widower’s (non-contributory) pension or orphan’s (non-contributory) pension.

Editorial Notes:

E4

Previous affecting provision: application of Part IV affected (16.11.1993) by Social Welfare (Consolidation) Act 1993 (27/1993), s. 236, S.I. No. 335 of 1993; repealed (1.12.2005) by Social Welfare Consolidation Act 2005 (26/2005), s. 360 and sch. 7, S.I. No. 923 of 2005.

E5

Previous affecting provision: application of Part IV affected (28.02.1981) by Social Welfare (Consolidation) Act, 1981 (1/1981), s. 306, S.I. No. 63 of 1981; repealed (16.11.1993) by Social Welfare (Consolidation) Act 1993 (27/1993), s. 300 and sch. 5, S.I. No. 335 of 1993.

Definitions (Part IV).

47

47. F12 [ (1) In this Part

" dependant " means, in respect of a deceased person whose death is caused by a wrongful act

( a ) a spouse F13 [ , civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ] , parent, grandparent, step-parent, child, grandchild, step-child, brother, sister, half-brother or half-sister of the deceased,

( b ) a person whose marriage to the deceased has been dissolved by a decree of divorce that was granted under the Family Law (Divorce) Act, 1996 or under the law of a country or jurisdiction other than the State and is recognised in the State, F14 [ ]

F15 [ ( ba ) a person whose civil partnership with the deceased has been dissolved by a decree of dissolution that was granted under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 or under the law of a country or jurisdiction other than the State and is recognised in the State, or ]

F16 [ ( c ) a person who was not married to or a civil partner of the deceased but who, until the date of the deceased s death, had been living with the deceased as the deceased s cohabitant within the meaning of section 172 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 for a continuous period of not less than three years, ]

who has suffered injury or mental distress as a result of the death;

" wrongful act " includes a crime. ]

(2) In deducing any relationship for the purposes of this Part—

( a) a person adopted under F17 [ an adoption order within the meaning of section 3 (1) of the Adoption Act 2010 or an intercountry adoption effected outside the State being recognised within the meaning of that Act ], shall be considered the legitimate offspring of the adopter or adopters;

( b) subject to paragraph (a) of this subsection, an illegitimate person shall be considered the legitimate offspring of his mother and reputed father;

( c) a person in loco parentis to another shall be considered the parent of that other.

Annotations:

Amendments:

F12

Substituted (25.12.1996) by Civil Liability (Amendment) Act 1996 (42/1996), s. 1, subject to transitional provision in s. 1(2), commenced on enactment.

F13

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), ss. 105, 169 and sch. part 4, item 2, S.I. No. 648 of 2010.

F14

Deleted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 169, sch. part 4, item 2, S.I. No. 648 of 2010.

F15

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 169, sch. part 4, item 2, S.I. No. 648 of 2010.

F16

Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 204, S.I. No. 648 of 2010.

F17

Substituted (1.11.2010) by Adoption Act 2010 (21/2010), s. 175(b), S.I. No. 511 of 2010.