Civil Liability and Courts Act 2004


Number 31 of 2004


CIVIL LIABILITY AND COURTS ACT 2004

REVISED

Updated to 1 October 2018


This Revised Act is an administrative consolidation of the Civil Liability and Courts Act 2004. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Mental Health (Renewal Orders) Act 2018 (23/2018), enacted 3 October 2018, and all statutory instruments up to and including Civil Liability (Amendment) Act 2017 (Parts 1, 2 and 3) (Commencement) Order 2018 (S.I. No. 377 of 2018), made 25 September 2018, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 31 of 2004


CIVIL LIABILITY AND COURTS ACT 2004

REVISED

Updated to 1 October 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first passed.

Related legislation

Civil Liability Acts 1961 to 2017 : this Act, part 2, is one of a group of Acts included in this collective citation ( Civil Liability (Amendment) Act 2017, s. 1(2)). The Acts in the group are:

Civil Liability Act 1961 (41/1961)

Civil Liability (Amendment) Act 1964 (17/1964)

Civil Liability and Courts Act 2004 (31/2004), part 2

Civil Liability (Amendment) Act 2017 (30/2017), part 2

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1982, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Domestic Violence Act 2018 (6/2018)

Civil Liability (Amendment) Act 2017 (30/2017)

Mediation Act 2017 (27/2017)

Courts Act 2016 (22/2016)

Legal Services Regulation Act 2015 (65/2015)

Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013)

Ministers and Secretaries (Amendment) Act 2011 (10/2011)

Civil Law (Miscellaneous Provisions) Act 2008 (14/2008)

All Acts up to and including Mental Health (Renewal Orders) Act 2018 (23/2018), enacted 3 October 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Civil Liability and Courts Act 2004 (Commencement) Order 2017 (S.I. No. 2 of 2017)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Civil Liability and Courts Act 2004 (Matters prescribed under section 40) Order 2005 (S.I. No. 339 of 2005)

Civil Liability and Courts Act 2004 (Section 40(4)) Order 2005 (S.I. No. 338 of 2005)

Civil Liability and Courts Act 2004 (Section 40(3)) Regulations 2005 (S.I. No. 337 of 2005)

Civil Liability and Courts Act 2004 (Bodies Prescribed under Section 15) (No. 2) Order 2005 (S.I. No. 336 of 2005)

Civil Liability and Courts Act 2004 (Bodies Prescribed under Section 40) Order 2005 (S.I. No. 170 of 2005)

Civil Liability and Courts Act 2004 (Section 17) Order 2005 (S.I. No. 169 of 2005)

Civil Liability and Courts Act 2004 (Bodies Prescribed Under Section 15) Order 2005 (S.I. No. 168 of 2005)

Civil Liability and Courts Act 2004 (Commencement) Order 2004 (S.I. No. 544 of 2004)

All statutory instruments up to and including Civil Liability (Amendment) Act 2017 (Parts 1, 2 and 3) (Commencement) Order 2018 (S.I. No. 377 of 2018), made 25 September 2018, were considered in the preparation of this revision.


Number 31 of 2004


CIVIL LIABILITY AND COURTS ACT 2004

REVISED

Updated to 1 October 2018


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Orders and regulations.

4.

Service of notices.

5.

Expenses.

PART 2

Civil Liability

6.

Application of Part.

7.

Amendments of Statute of Limitations (Amendment) Act 1991.

8.

Letter of claim.

9.

Rules of court.

10.

Bringing of proceedings.

11.

Request for further information.

12.

Defence and counterclaim.

13.

Pleadings generally.

14.

Verifying affidavit.

15.

Mediation conference.

16.

Report of chairperson of mediation conference.

17.

Formal offers.

17A.

Pre-action offers of settlement in clinical negligence claims.

18.

Pre-trial hearings.

19.

Evidence.

20.

Expert evidence.

21.

Intervention in a personal injuries action.

22.

Matter to be taken into account by the court when assessing damages.

23.

Actuarial tables.

24.

Discount rate.

25.

False evidence, etc.

26.

Fraudulent actions.

27.

Collateral benefits.

28.

Income undeclared for tax purposes.

29.

Offences.

30.

Register of personal injuries actions.

31.

Amendment of Act of 2003.

32.

Other amendments of Act of 2003.

PART 2A

Clinical Negligence Actions

32A.

Interpretation of Part 2A

32B.

Pre-action protocol

32C.

Powers of court

32D.

Apology not to constitute admission of liability or invalidate insurance

PART 3

Courts

Chapter 1

Funds of Suitors

33.

Definitions.

34.

Realisation of investment of dormant accounts of funds of suitors.

35.

Disposal of part of funds of suitors.

36.

Deficiency in funds of suitors.

37.

Publication of notices by Accountant.

38.

Register of funds of suitors.

Chapter 2

Miscellaneous Provisions

39.

Definitions.

40.

Proceedings heard otherwise than in public.

40A.

Proceedings heard otherwise than in public.

41.

Interest on costs, charges or expenses of certain judgments, orders or decrees.

42.

Certain officers to act as registrar of Central Criminal Court.

43.

Amendment of section 27 of Court Officers Act 1926.

44.

Amendment of section 38 of Court Officers Act 1926.

45.

Amendment of Courts (Supplemental Provisions) Act 1961.

46.

Amendment of Registration of Title Act 1964.

47.

Amendment of Succession Act 1965.

48.

Amendment of Act of 1976.

49.

Amendment of section 1 of Courts (No. 3) Act 1986.

50.

Amendment of Act of 1989.

51.

Amendment of Act of 1995.

52.

Amendment of Act of 1996.

53.

Amendment of Planning and Development Act 2000.

53A.

Presumption as to market value.

54.

Exclusion of certain witnesses, etc.

55.

Amendment of Act of 2002.

56.

Increase in number of judges of High Court, Circuit Court and District Court.


Acts Referred to

Building Societies Act 1989

1989, No. 17

Central Bank Act 1971

1971, No. 24

Civil Liability Act 1961

1961, No. 41

Civil Liability (Amendment) Act 1964

1964, No. 17

Companies Acts 1963 to 2003

Court Officers Act 1926

1926, No. 27

Courts Act 1971

1971, No. 36

Courts Act 1981

1981, No. 11

Courts Act 1991

1991, No. 20

Courts and Court Officers Act 1995

1995, No. 31

Courts and Court Officers Act 2002

2002, No. 15

Courts (No. 3) Act 1986

1986, No. 33

Courts (No. 2) Act 1997

1997, No. 43

Courts Service Act 1998

1998, No. 8

Courts (Supplemental Provisions) Act 1961

1961, No. 39

Criminal Procedure Act 1967

1967, No. 12

Debtors (Ireland) Act 1840

3 & 4 Vict., c. 105

Domestic Violence Act 1996

1996, No. 1

Family Home Protection Act 1976

1976, No. 27

Family Law Act 1995

1995, No. 26

Family Law (Divorce) Act 1996

1996, No. 33

Family Law (Maintenance of Spouses and Children) Act 1976

1976, No. 11

Garda Síochána (Compensation) Acts 1941 and 1945

Judicial Separation and Family Law Reform Act 1989

1989, No. 6

Legitimacy Act 1931

1931, No. 13

Maintenance Act 1994

1994, No. 28

Personal Injuries Assessment Board Act 2003

2003, No. 46

Planning and Development Act 2000

2000, No. 30

Registration of Title Act 1964

1964, No. 16

Social Welfare Act 1998

1998, No. 6

Social Welfare (Consolidation) Act 1993

1993, No. 27

Status of Children Act 1987

1987, No. 26

Statute of Limitations (Amendment) Act 1991

1991, No. 18

Succession Act 1965

1965, No. 27

Taxes Consolidation Act 1997

1997, No. 39

The Courts of Justice Act 1924

1924, No. 10


Number 31 of 2004


CIVIL LIABILITY AND COURTS ACT 2004

REVISED

Updated to 1 October 2018


AN ACT TO PROVIDE FOR CERTAIN PROCEDURAL AND OTHER CHANGES IN ACTIONS TO RECOVER DAMAGES FOR PERSONAL INJURIES; TO PROVIDE THAT AN ACTION FOR PERSONAL INJURIES SHALL NOT BE BROUGHT AFTER THE EXPIRATION OF 2 YEARS FROM THE DATE OF ACCRUAL OF THE CAUSE OF ACTION OR THE DATE OF KNOWLEDGE OF THE CAUSE OF ACTION WHICHEVER OCCURS LATER; TO PROVIDE THAT WHERE A PLAINTIFF IN A PERSONAL INJURIES ACTION GIVES FALSE EVIDENCE, THE COURT MAY DISMISS THE PLAINTIFF'S ACTION; TO MAKE PROVISION IN RELATION TO THE ASSESSMENT OF DAMAGES IN A PERSONAL INJURIES ACTION; TO MAKE PROVISION IN RELATION TO THE JURISDICTION OF THE CIRCUIT COURT IN PROCEEDINGS RELATING TO LAND; TO PROVIDE FOR THE DISPOSAL OF PART OF THE FUNDS OF SUITORS VESTED IN THE ACCOUNTANT OF THE COURTS OF JUSTICE; TO MAKE PROVISION IN RELATION TO THE PUBLICATION OF REPORTS, AND PRODUCTION OF DOCUMENTS PREPARED FOR THE PURPOSES, OF PROCEEDINGS TO BE HEARD OTHERWISE THAN IN PUBLIC; AND, FOR THOSE AND OTHER PURPOSES, TO AMEND THE STATUTE OF LIMITATIONS (AMENDMENT) ACT 1991, THE CIVIL LIABILITY ACT 1961 AND CERTAIN OTHER ENACTMENTS; AND TO PROVIDE FOR RELATED MATTERS. [21 st July 2004]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: