Civil Liability and Courts Act 2004

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

22

22.F11[(1) Subject to section 100 of the Act of 2019 and subsection (1A)(b), the court shall, in assessing damages in a personal injuries action commenced on or after the date on which section 99 of that Act comes into operation—

(a) have regard to the personal injuries guidelines (within the meaning of that Act) in force, and

(b) where it departs from those guidelines, state the reasons for such departure in giving its decision.]

F12[(1A) The court shall have regard to the Book of Quantum in assessing damages in a personal injuries action where the action is commenced—

(a) before the date on which section 99 of the Act of 2019 comes into operation, or

(b) on or after the date on which that section comes into operation in relation to a relevant claim where—

(i) an assessment was made under section 20 of the Act of 2003 in relation to that claim before the date of such coming into operation, and

(ii) that assessment was not, or was deemed not to have been, accepted in accordance with that Act.]

(2) F11[Subsection (1A)] shall not operate to prohibit a court from having regard to matters other than the Book of Quantum when assessing damages F11[in a personal injuries action to which that subsection applies].

F11[(3) In this section—

‘Act of 2019’ means the Judicial Council Act 2019;

‘assessment’ has the same meaning as it has in section 20(1) of the Act of 2003;

‘Book of Quantum’ means the Book of Quantum that, immediately before the coming into operation of section 99 of the Act of 2019, stands published by the Personal Injuries Assessment Board under the Act of 2003;

‘relevant claim’ has the same meaning as it has in section 9 of the Act of 2003.]

Annotations:

Amendments:

F11

Substituted (24.04.2021) by Judicial Council Act 2019 (33/2019), s. 99(a), (c)(i), (ii), (d), as substituted (24.04.2021) by Children (Amendment) Act 2021 (4/2021), s. 30(a), S.I. No. 180 of 2021.

F12

Inserted (24.04.2021) by Judicial Council Act 2019 (33/2019), s. 99(b), as substituted (24.04.2021) by Children (Amendment) Act 2021 (4/2021), s. 30(a), S.I. No. 180 of 2021.