Civil Liability (Amendment) Act 1964

Sums not to be taken into account in assessing damages (personal injury not causing death).

2

2.In assessing damages in an action to recover damages in respect of a wrongful act (including a crime) resulting in personal injury not causing death, account shall not be taken of—

( a) any sum payable in respect of the injury under any contract of insurance,

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

F1 [ (2) In assessing damages in an action to recover damages in respect of a wrong resulting in personal injury not causing death, account shall not be taken of any charitable gift (whether in the form of money or other property) made to the plaintiff in respect of those injuries unless

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

( b ) (i) at the time of the making of the gift he or she informs the plaintiff in writing that, should the plaintiff recover damages in such an action, 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, or

(ii) in the case of a plaintiff who is employed by the defendant, the gift consists of a series of payments that resemble, in amount and frequency, the normal remuneration that the plaintiff would be entitled to receive from the defendant in the course of his or her employment. ]

Annotations:

Amendments:

F1

Inserted (31.03.2005) by Civil Liability and Courts Act 2004 (31/2004), s. 27(2), S.I. No. 544 of 2004, subject to transitional provisions in s. 6 and subsection s. 27(3).

Modifications (not altering text):

C1

Application of section restricted (1.08.2014) by Social Welfare Consolidation Act 2005 (26/2005), s. 343M(4), inserted by Social Welfare and Pensions Act 2013 (38/2013), s. 13(d), S.I. No. 308 of 2014.

Part 11B

Recovery of Certain Benefits and Assistance

...

Application of Part

343M. ...

(4) This Part applies notwithstanding section 2 of the Civil Liability (Amendment) Act 1964 .

...

C2

Application of section restricted (1.12.2005) by Social Welfare Consolidation Act 2005 (26/2005), ss. 96, and 286, S.I. No. 923 of 2005.

Taking account of benefit in assessing damages.

96.—(1) Notwithstanding section 2 of the Civil Liability (Amendment) Act 1964 and section 285, in an action for damages for personal injuries (including any such action arising out of a contract) there shall in assessing those damages be taken into account, against any loss of earnings or profits which has accrued or probably will accrue to the injured person from the injuries, the value of any rights which have accrued or will probably accrue to him or her therefrom in respect of injury benefit (disregarding any right in respect of injury benefit payable by virtue of section 248, after the death of the injured person) or disablement benefit (disregarding any increase of that benefit under section 78 in respect of constant attendance) for 5 years beginning with the time when the cause of action accrued.

...

Taking account of disability benefit and invalidity pension in assessing certain damages.

286.—(1) Notwithstanding section 2 of the Civil Liability (Amendment) Act 1964 and section 285, in assessing damages in any action in respect of liability for personal injuries not causing death relating to the use of a mechanically propelled vehicle, there shall be taken into account the value of any rights arising from those injuries which have accrued, or are likely to accrue, to the injured person in respect of disability benefit or invalidity pension under Part 2 for 5 years beginning with the time when the cause of action accrued.

...

C3

Civil Liability and Courts Act 2004 (31/2004), s. 27(2) states (31.03.2005) that section 2 as it stood immediately before the commencement of subsection (2) shall be referred to as subsection (1) of section 2, S.I. No. 544 of 2004.

Editorial Notes:

E1

Previous affecting provision: application of section restricted (16.11.1993) by Social Welfare (Consolidation) Act 1993 (27/1993) ss. 75 and 237, 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.

E2

Previous affecting provision: application of section restricted (28.02.1981) by Social Welfare (Consolidation) Act, 1981 (1/1981), s. 68, and s. 306A (as inserted (30.03.1984) by Social Welfare Act 1984 (5/1984), s. 12(1), S.I. No. 63 of 1981), 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.

E3

Previous affecting provision: application of section restricted (27.06.1974) by Social Welfare (No. 2) Act 1974 (14/1974), s. 21, commenced on enactment; repealed (28.02.1981) by Social Welfare (Consolidation) Act 1981 (1/1981), s. 310 and sch. 6 pt. 2, S.I. No. 63 of 1981.

E4

Previous affecting provision: application of section restricted (16.07.1966) by Social Welfare (Occupational Injuries) Act 1966, (16/1966), s. 39, commenced on enactment; repealed (27.06.1974) by Social Welfare (No. 2) Act 1974 (14/1974), s. 21(1)(u), commenced on enactment.