Civil Liability and Courts Act 2004

Request for further information.

11

11.—(1) Upon the request of a defendant in a personal injuries action, the plaintiff shall provide the defendant with—

( a) particulars of any personal injuries action brought by the plaintiff in which a court made an award of damages,

( b) particulars of any personal injuries action brought by the plaintiff which was withdrawn or settled,

( c) particulars of any injuries sustained or treatment administered to the plaintiff that would have a bearing on the personal injuries to which the personal injuries action relates, and

( d) the name of any persons from whom the plaintiff received such medical treatment,

in this Act referred to as “further information”.

(2) Upon the request of a defendant in a personal injuries action, the plaintiff shall provide the defendant with documents, of such a class as may be prescribed from time to time by the Minister, from the Revenue Commissioners or the Minister for Social and Family Affairs, as may be appropriate, relating to any earnings or other income in respect of which the plaintiff is making a claim.

(3) Where a plaintiff fails to comply with a request under subsection (1) or (2)

( a) the court may—

(i) direct that the personal injuries action concerned shall not proceed any further until the plaintiff complies with such conditions as the court may specify, or

(ii) where it considers that the interests of justice so require, dismiss the plaintiff's action,

and

( b) the court shall, at the hearing of the action, take such failure into account when deciding whether to make any order as to the payment of the costs of the action, or the amount of such costs.

(4) Where, upon a request referred to in subsection (1), a plaintiff fails to comply with that subsection, the court hearing the personal injuries action concerned may draw such inferences from the failure as appear proper.

(5) Where, for the purposes of complying with subsection (2), a plaintiff requests the Revenue Commissioners or the Minister for Social and Family Affairs to furnish him or her with documents referred to in that paragraph, the Revenue Commissioners or the said Minister shall furnish him or her with such documents as are in their, or his or her, possession or procurement.