Civil Liability and Courts Act 2004

Collateral benefits.

27

27.—(1) The Act of 1961 is amended by the insertion, in section 50, of the following subsection:

“(2) In assessing damages under this Part, account shall not be taken of any charitable gift (whether in the form of money or other property) made to the plaintiff in consequence of the death of the deceased unless—

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

(b) at the time of the making of the gift he or she informs the plaintiff in writing that, should the plaintiff recover damages in an action under this Part, 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.”,

and the said section 50 as it stood immediately before the commencement of this subsection shall be referred to as subsection (1) of section 50.

(2) The Civil Liability (Amendment) Act 1964 is amended by the insertion, in section 2, of the following subsection:

“(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.”,

and the said section 2 as it stood immediately before the commencement of this subsection shall be referred to as subsection (1) of section 2.

(3) The amendments to—

(a) section 50 of the Act of 1961, and

(b) section 2 of the Civil Liability (Amendment) Act 1964,

effected by this section do not apply to causes of action accruing before the commencement of this section.