Judicial Council Act 2019

99.

F3 [ Amendment of section 22 of Civil Liability and Courts Act 2004

99. Section 22 of the Civil Liability and Courts Act 2004 is amended by—

(a) the substitution of the following subsection for subsection (1):

‘(1) Subject to section 100 of the Act of 2019 and subsection (1A)(b), the court shall, in assessing damages in a personal injuries action commenced on or after the date on which section 99 of that Act comes into operation—

(a) have regard to the personal injuries guidelines (within the meaning of that Act) in force, and

(b) where it departs from those guidelines, state the reasons for such departure in giving its decision.’,

(b) the insertion of the following subsection after subsection (1):

‘(1A) The court shall have regard to the Book of Quantum in assessing damages in a personal injuries action where the action is commenced—

(a) before the date on which section 99 of the Act of 2019 comes into operation, or

(b) on or after the date on which that section comes into operation 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 coming into operation, and

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

(c) in subsection (2)—

(i) the substitution of ‘Subsection (1A)’ for ‘Subsection (1)’, and

(ii) the substitution of ‘in a personal injuries action to which that subsection applies’ for ‘in a personal injuries action’, and

(d) the substitution of the following subsection for subsection (3):

‘(3) In this section—

‘Act of 2019’ means the Judicial Council Act 2019;

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

‘Book of Quantum’ means the Book of Quantum that, immediately before the coming into operation of section 99 of the Act of 2019, stands published by the Personal Injuries Assessment Board under the Act of 2003;

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

Annotations:

Amendments:

F3

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