Civil Liability Act 1961

Damages.

49

49. (1) ( a) The damages under section 48 shall be—

(i) the total of such amounts (if any) as F19 [ ] the judge F19 [ ], shall consider proportioned to the injury resulting from the death to each of the dependants, respectively, for whom or on whose behalf the action is brought, and

(ii) subject to paragraph (b) of this subsection, the total of such amounts (if any) as the judge shall consider reasonable compensation for mental distress resulting from the death to each of such dependants.

( b) The total of any amounts awarded by virtue of subparagraph (ii) of paragraph (a) of this subsection shall not exceed F20 [ 35,000 ] .

( c) Each amount awarded by virtue of paragraph (a) of this subsection shall be indicated separately in the award.

( d) F21 [ ]

F22 [ (1A) Where the Minister for Equality and Law Reform is satisfied that the monetary amount for the time being standing specified

( a ) in paragraph (b) of subsection (1) , or

( b ) in respect of paragraph (b) of subsection (1) , by virtue of an order made under this subsection,

should, having regard to changes in the value of money generally in the State since the monetary amount was so specified, be varied, the Minister may by order specify an amount that the Minister considers is appropriate, and in such case paragraph (b) of subsection (1) shall, in relation to any cause of action that accrues while the order is in effect, have effect as if the amount specified in the order were set out in that paragraph.

(1B) Every order made under subsection (1A) shall be laid before each House of the Oireachtas as soon as practicable after it is made and, if a resolution annulling the order is passed by either House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to any cause of action that accrued while the order was in effect. ]

(2) In addition, damages may be awarded in respect of funeral and other expenses actually incurred by the deceased, the dependants or the personal representative by reason of the wrongful act.

(3) It shall be sufficient for a defendant, in paying money into court in the action, to pay it in one sum as damages for all the dependants without apportioning it between them.

(4) The amount recovered in the action shall, after deducting the costs not recovered from the defendant, be divided among the persons entitled in such shares as may have been determined.

F22 [ (5) Where a person referred to in paragraph (c) of the definition of dependant in section 47 (1) had no enforceable right to financial maintenance by the deceased, the court shall take that fact into account, together with any other relevant matter, in determining the damages to be awarded to the person by virtue of subparagraph (i) of paragraph (a) of subsection (1) of this section. ]

Annotations:

Amendments:

F19

Deleted (1.08.1988) by Courts Act 1988 (14/1988), s. 4, commenced as per s. 6(3).

F20

Substituted (11.01.2014) by Civil Liability Act 1961 (Section 49) Order 2014 (S.I. No. 6 of 2014), art. 2.

F21

Repealed (7.07.1964) by Civil Liability (Amendment) Act 1964 (17/1964), s. 6 and sch., commenced on enactment.

F22

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

Modifications (not altering text):

C25

Application of section extended (1.11.1997) by Hepatitis C Compensation Tribunal Act 1997 (34/1997), s. 5, S.I. No. 443 of 1997, as amended (9.10.2002) by Hepatitis C Compensation Tribunal (Amendment) Act 2002 (21/2002), s. 5, S.I. No. 473 of 2002.

Awards of Tribunal.

5. (1) An award of the Tribunal to a claimant shall be made on the same basis as an award of the High Court calculated by reference to the principles which govern the measure of damages in the law of tort and any relevant statutory provisions (including Part IV of the Civil Liability Act, 1961), and including, subject to section 11 , consideration of an award on the basis which reflects the principles of aggravated or exemplary damages.

(2) Notwithstanding subsection (1) of this section and section 2(2) of the Civil Liability (Amendment) Act, 1996, section 49(1)( b) of the Civil Liability Act, 1961 (as amended by section 2(1)( a) of the Civil Liability (Amendment) Act, 1996) shall have effect in respect of a claim made pursuant to section 4(1)(e) of this Act.

[(2A) Notwithstanding subsection (1)—

( a) section 49 of the Civil Liability Act, 1961, shall apply in relation to the assessment of the amount of the award to a dependant referred to in paragraph ( e) or ( j) of section 4(1) with the modification that the reference in subsection (1)( a)(i) of the said section 49 to the death shall be construed as a reference to the injury to the deceased and the death of the deceased, ]

...

Editorial Notes:

E7

Power pursuant to subs. (1A) exercised (11.01.2014) by Civil Liability Act 1961 (Section 49) Order 2014 (S.I. No. 6 of 2014).

E8

Previous affecting provision: amount of damages under subs. (1)(b) increased (25.12.1996) by Civil Liability (Amendment) Act 1996 (42/1996), s. 2; superseded as per F-note above.

E8

Previous affecting provision: amount of damages under subs. (1)(b) increased (12.05.1981) by Courts Act 1981 (11/1981), s. 28; substituted (25.12.1996) by Civil Liability (Amendment) Act 1996 (42/1996), s. 2 and superseded as per F-note above.