Civil Liability Act 1961

Sums not to be taken into account in assessing damages.

50

50.—(1) In assessing damages under this Part account shall not be taken of—

( a) any sum payable on the death of the deceased under any contract of insurance,

( b) any pension, gratuity or other like benefit payable under statute or otherwise in consequence of the death of the deceased.

F24 [ (2) In assessing damages under this Part, account shall not be taken of any charitable gift (whether in the form of money or other property) made to the plaintiff in consequence of the death of the deceased unless

( a ) the defendant is the donor of the gift, and

( b ) at the time of the making of the gift he or she informs the plaintiff in writing that, should the plaintiff recover damages in an action under this Part, the defendant will apply to the court for the damages to be reduced by an amount equal to the amount of the gift or the value of the gift, as may be appropriate. ]

Annotations:

Amendments:

F24

Inserted (31.03.2005) by Civil Liability and Courts Act 2004 (31/2004), s. 27(1), subject to transitional provision in ss. 6 and 27(3), S.I. No. 544 of 2004.

Modifications (not altering text):

C26

Application of Act restricted (1.12.2005) by Social Welfare Consolidation Act 2005 (26/2005), s. 96, S.I. No. 923 of 2005.

Taking account of benefit in assessing damages.

96.—(1)

(3) Notwithstanding section 50 of the Civil Liability Act 1961, in assessing damages in respect of a person’s death under Part IV of that Act, account may be taken of any death benefit, by way of grant under section 84 in respect of funeral expenses, resulting from that person’s death.

Editorial Notes:

E10

Previous affecting provision: application of section restricted (16.11.1993) by Social Welfare (Consolidation) Act 1993 (27/1993), s. 75, S.I. No. 335 of 1993; repealed (1.12.2005) by Social Welfare (Consolidation) Act 2005 (26/2005), s. 360 and sch. 7, S.I. No. 923 of 2005.

E11

Previous affecting provision: application of section restricted (28.02.1981) by Social Welfare (Consolidation) Act 1981 (1/1981), s. 68, S.I. No. 63 of 1981; repealed (16.11.1993) by Social Welfare (Consolidation) Act 1993 (27/1993), s. 300 and sch. 5, S.I. No. 335 of 1993.

E12

Previous affecting provision: application of section restricted (6.07.1966) by Social Welfare (Occupational Injuries) Act 1966 (16/1966), s. 39, commenced on enactment; repealed (28.02.1981) by Social Welfare (Consolidation) Act 1981 (1/1981), s. 310 and sch. 6 part 2, S.I. No. 63 of 1981.

E13

Civil Liability and Courts Act 2004 (31/2004), s. 27(1) states that section 50 as it stood immediately before the commencement of s. 27(1) shall be referred to as subsection (1) of section 50.