Judicial Council Act 2019

100.

F4[Consideration of personal injuries guidelines as amended in certain circumstances

100. (1) Where the Council adopts amendments under section 7(2)(g)(ii) to the personal injuries guidelines, for the purposes of section 22 (1) of the Civil Liability and Courts Act 2004 the court shall continue to have regard to the personal injuries guidelines in force immediately prior to the adoption of the guidelines as amended in assessing damages in a personal injuries action where the action is commenced—

(a) before the date on which the guidelines as amended are adopted, or

(b) on or after the date on which the guidelines as amended are adopted in relation to a relevant claim where—

(i) an assessment was made under section 20 of the Act of 2003 in relation to that claim before the date of such adoption, and

(ii) that assessment was not, or was not deemed to have been, accepted in accordance with that Act.

(2) In this section—

‘Act of 2003’ means the Personal Injuries Assessment Board Act 2003;

‘assessment’ has the same meaning as it has in section 20(1) of the Act of 2003;

‘relevant claim’ has the same meaning as it has in section 9 of the Act of 2003.]

Annotations:

Amendments:

F4

Inserted (24.04.2021) by Family Leave and Miscellaneous Provisions Act 2021 (4/2021), s. 30(b), S.I. No. 182 of 2021.