Civil Liability and Courts Act 2004

Amendment of Courts (Supplemental Provisions) Act 1961.

45

45.—(1) Section 2 of the Courts (Supplemental Provisions) Act 1961 is amended by the insertion, in subsection (1), of the following definition:

“‘market value’ means, in relation to land, the price that would have been obtained in respect of the unencumbranced fee simple were the land to have been sold on the open market, in the year immediately preceding the bringing of the proceedings concerned, in such manner and subject to such conditions as might reasonably be calculated to have resulted in the vendor obtaining the best price for the land.”.

(2) The Third Schedule to the Courts (Supplemental Provisions) Act 1961 is amended, in column (3), by the substitution of—

( a) “market value” for “rateable valuation” in each place that it occurs, and

( b) “€3,000,000” for “£200” (inserted by section 2(1)( d) of the Act of 1981) in each place that it occurs.