Civil Liability and Courts Act 2004

Interpretation.

2

2.—(1) In this Act, except where the context otherwise requires—

“act” has the same meaning as it has in the Act of 1961;

“Act of 1961” means the Civil Liability Act 1961;

“Act of 1993” means the Social Welfare (Consolidation) Act 1993;

“Act of 1998” means the Social Welfare Act 1998;

“Act of 2002” means the Courts and Court Officers Act 2002;

“Act of 2003” means the Personal Injuries Assessment Board Act 2003;

“court” means, in relation to a personal injuries action, the court in which that action has been brought, being the High Court, Circuit Court or District Court, as the case may be;

“date of knowledge” shall be construed in accordance with the Statute of Limitations (Amendment) Act 1991;

“defendant” has the same meaning as it has in the Act of 1961;

“expert evidence” means evidence of fact or opinion given by a person who would not be competent to give such evidence unless he or she had a special skill or expertise;

“further information” has the meaning assigned to it by section 11;

“mediation conference” has the meaning assigned to it by section 15;

“Minister” means the Minister for Justice, Equality and Law Reform;

“negligence” includes nuisance and breach of duty (whether the duty exists by virtue of a contract, a provision of a statute, an instrument under a statute, or otherwise);

“personal injuries action” means an action for the recovery of damages, in respect of a wrong—

(a) for personal injuries,

(b) for both such injuries and damage to property (but only if both have been caused by the same wrong), or

(c) under section 48 of the Act of 1961,

but shall not include an application for compensation under the Garda Síochána (Compensation) Acts 1941 and 1945, or an action where the damages claimed include damages for false imprisonment or trespass to the person;

“personal injuries summons” has the meaning assigned to it by section 10;

“personal injury” has the same meaning as it has in the Act of 1961;

“plaintiff” has the same meaning as it has in the Act of 1961;

“pleading” means, in relation to a personal injuries action, a personal injuries summons, a defence, a defence and counterclaim or any other document (other than an affidavit or a report prepared by a person who is not a party to that action) that, under rules of court, is required to be, or may be, served (within such period as is prescribed by those rules) by a party to the action on another party to that action;

“settlement” includes, in relation to a personal injuries action, a settlement of the action in part only, and cognate words shall be construed accordingly;

“third party” has the same meaning as it has in the Act of 1961;

“wrong” has the same meaning as it has in the Act of 1961;

“wrongdoer” has the same meaning as it has in the Act of 1961.

(2) In this Act—

(a) a reference to a section or Part is a reference to a section or Part of this Act, unless it is indicated that a reference to some other enactment is intended,

(b) a reference to a subsection, paragraph or subparagraph is a reference to a subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended, and

(c) a reference to any enactment is a reference to that enactment as amended, extended or adapted whether before or after the coming into operation of this Act, by or under any subsequent enactment.