Civil Liability Act 1961

Costs in certain actions in which the plaintiff is an infant.

63

63. (1) Where a sum of money has been lodged in court by the defendant in an action for a wrong in which the plaintiff is an infant, an application may be made to the judge by the plaintiff to decide whether that sum of money should be accepted or the action should go to trial and—

( a) if, on any such application, the judge decides that the action should go to trial, and

( b) an amount by way of damages is awarded to the plaintiff which does not exceed the sum so lodged,

then, notwithstanding any rule of court or practice to the contrary, the costs in the action shall be at the discretion of the judge.

(2) An appeal shall lie from the order of the judge in relation to the costs in such action.

Annotations:

Modifications (not altering text):

C31

Functions under this section restricted (15.12.1995) by Court and Court Officers Act 1995 (31/1995), s. 25(2)(j), commenced on enactment.

Hearings by Master of High Court.

25....

(2) Without prejudice to the powers of the Master of the High Court under the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988, the Master of the High Court shall not exercise any function, power or jurisdiction in respect of any of the following matters:

...

( j) applications under section 63 of the Civil Liability Act, 1961.