Civil Law (Miscellaneous Provisions) Act 2008

39.

Amendment of section 8 of Solicitors (Amendment) Act 1994.

39.— Section 8 of the Solicitors (Amendment) Act 1994 is amended—

( a) in subsection (1), by inserting the following after paragraph ( d):

“( da) direct the solicitor to pay to the client a sum not exceeding €3,000 or the prescribed amount, whichever is the greater, as compensation for any financial or other loss suffered by the client in consequence of any such inadequacy in the legal services provided or purported to have been provided by the solicitor, provided that any such payment made in compliance with the direction shall be without prejudice to any legal right of the client;”,

and

( b) by inserting the following after subsection (8):

“(9) ( a) Subject to paragraphs ( b) and ( c), the Minister may by order prescribe an amount in respect of subsection (1)( da).

( b) The Minister shall only exercise the power under paragraph ( a) to prescribe an amount referred to in that subsection such that the amount prescribed reflects the rate of inflation in the State.

( c) No order under paragraph ( a) shall come into operation—

(i) before the second anniversary of the commencement of that paragraph,

(ii) thereafter at intervals of less than 2 years between orders made and not annulled under that paragraph.

( d) Every order made under this subsection shall be laid before each House of the Oireachtas as soon as practicable after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled, but without prejudice to the validity of anything done under the order.”.