C8

Prospective affecting provision: section inserted by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 51, not commenced as of date of revision.

F12[Pre-action offers to settle clinical negligence claims

17A.—(1) Where an offer to settle is made, before the bringing of a clinical negligence action, in respect of a claim relating to a catastrophic injury (within the meaning of Part IVB of the Act of 1961)—

(a) the offer to settle shall specify the proportion of the amount of the offer to settle that is attributable to—

(i) the future medical treatment of the plaintiff,

(ii) the future care of the plaintiff,

(iii) the provision of assistive technology or other aids and appliances associated with the medical treatment and care of the plaintiff, and

(iv) the future loss of earnings of the plaintiff,

and

(b) a copy of the offer to settle shall be lodged in court by, or on behalf of, the party by which it was made.

(2) The terms of an offer to settle shall not be communicated to the judge in the trial of a clinical negligence action until after he or she has delivered judgment in the action.

(3) Subject to subsection (4), the court shall, when considering the making of an order as to the payment of the costs in a clinical negligence action, have regard to—

(a) the terms of an offer to settle, and

(b) the reasonableness of the conduct of the party by whom the offer was made in making the offer.

(4) Where a court has made a periodic payments order (within the meaning of Part IVB of the Act of 1961) in a clinical negligence action, the court shall, when considering the making of an order as to the payment of the costs in the action, have regard to—

(a) the terms of any offer to settle, other than those terms which relate to the matters referred to in subparagraphs (i) to (iv) of paragraph (a) of subsection (1), and

(b) the reasonableness of the conduct of the parties to the action concerned in making any offers to settle.

(5) In determining liability for the part of the costs of a clinical negligence action relating to the matters referred to in subparagraphs (i) to (iv) of paragraph (a) of subsection (1), the court shall have regard to—

(a) any offers not expressed to be without prejudice or in terms having like effect, and

(b) any offers made without prejudice save as to the issue of costs which were made by or on behalf of a party to the action after the commencement of the trial of the action, to effect a settlement of that action.

(6) This section is in addition to and not in substitution for any rule of court providing for the payment into court of a sum of money in satisfaction of a cause of action or the making of an offer of tender of payment to the other party or parties to an action.

(7) In this section—

"clinical negligence action" has the same meaning as it has in Part 2A;

"offer to settle" means an offer made by any party to a clinical negligence action to settle the claim to which the action relates in accordance with the pre-action protocol within the meaning of Part 2A.]

C9

Prospective affecting provision: section inserted by Legal Services Regulation Act 2015 (65/2015), s. 220(3), not commenced; repealed by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 67, not commenced as of date of revision.

F13[Pre-action offers of settlement in clinical negligence claims

17A.—(1) In a case of an action to which section 17 does not apply by virtue of subsection (6A) of that section, a copy of the offer of settlement shall be lodged in court by, or on behalf of, the party by which it was made.

(2) The terms of the offer of settlement shall not be communicated to the judge in the trial of the clinical negligence action until after he or she has delivered judgment in the action.

(3) The court shall, when considering the making of an order as to the payment of the costs in the action, have regard to—

(a) the terms of the offer of settlement, and

(b) the reasonableness of the conduct of the party by whom the offer was made in making the offer.

(4) This section is in addition to and not in substitution for any rule of court providing for the payment into court of a sum of money in satisfaction of a cause of action or the making of an offer of tender of payment to the other party or parties to an action.]