Civil Liability Act 1961

F35 [ Security of periodic payments order

51J

51J. (1) A court may make a periodic payments order where it is satisfied that continuity of the payments under the order is reasonably secure.

(2) In considering whether continuity of the payments under a periodic payments order is reasonably secure, a court shall have regard to the following matters:

( a ) whether the payments under the order are guaranteed under the Clinical Indemnity Scheme or the General Indemnity Scheme;

( b ) whether the payments under the order are eligible for payment

(i) from the Insurance Compensation Fund, or

(ii) by the Motor Insurers Bureau of Ireland;

( c ) whether continuity of the payments under the order can be guaranteed by other means.

(3) In considering whether other means for guaranteeing payments referred to in subsection (2)(c) are such that continuity of the payments under a periodic payments order would be reasonably secure, a court shall have regard to whether the proposed means for guaranteeing payments under the order

( a ) are such as to be capable of making the proposed payments to a plaintiff during his or her lifetime, and

( b ) are capable of being adjusted in accordance with the Harmonised Index of Consumer Prices as published by the Central Statistics Office or such other index as may be specified by the Minister under section 51L . ]

Annotations:

Amendments:

F35

Inserted (1.10.2018) by Civil Liability (Amendment) Act 2017 (30/2017), s. 2, S.I. No. 377 of 2018.