Civil Liability and Courts Act 2004

Number 31 of 2004

CIVIL LIABILITY AND COURTS ACT 2004

REVISED

Updated to 2 September 2024

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 the Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024 (30/2024), enacted 23 July 2024, and all statutory instruments up to and including the Waste Management (Landfill Levy) (Amendment) Regulations 2024 (S.I. No. 442 of 2024), made 2 September 2024, 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 2 September 2024

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 to settle clinical negligence claims.
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.
34A.	Realisation of investment of dormant account of funds of suitors of Circuit Court and dormant funds of suitors of District Court.
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 2 September 2024

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. [21st July 2004]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Revised Acts

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