Civil Liability Act 1961

F38 [ Assignment, commutation or charging of right to periodic payments

51M

51M. (1) Where a plaintiff has a right to receive payments under a periodic payments order, the plaintiff may apply to the court that made the order for approval to assign, commute or charge the right.

(2) A right to receive payments under a periodic payments order may not be assigned, commuted or charged without the approval of the court that made the order.

(3) Where a plaintiff, without the approval of the court, purports to

( a ) assign, commute or charge his or her right to receive payments under a periodic payments order, or

( b ) enter into an agreement to assign, commute or charge such a right,

the assignment, commutation or charge, as the case may be, shall be void.

(4) In considering whether or not to approve a proposed assignment, commutation or charge of a plaintiff s right to receive payments under a periodic payments order, a court shall have regard to

( a ) whether the capitalised value of the assignment, commutation or charge represents value for money,

( b ) whether the assignment, commutation or charge is in the plaintiff s best interests, and

( c ) how the plaintiff will be financially supported following the assignment, commutation or charge, as the case may be. ]

Annotations:

Amendments:

F38

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