28.—(1) In a personal injuries action (other than an action under section 48 of the Act of 1961), any income, profit or gain in respect of which—

(a) the plaintiff is making a claim, and

(b)  (i) a return has not been made before the hearing of the action in accordance with the Taxes Consolidation Act 1997, or

(ii) the plaintiff has not otherwise notified the Revenue Commissioners,

shall, for the purposes of assessing damages, be disregarded by the court, unless the court considers that in all the circumstances it would be unjust to disregard such income, profit or gain.

(2) This section does not apply to causes of action accruing before the commencement of this section.