Civil Liability and Courts Act 2004

PART 1 Preliminary and General

1. Short title and commencement.

1.—(1) This Act may be cited as the Civil Liability and Courts Act 2004.

(2) This Act, other than the provisions specified in subsection (3), shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.

(3) Sections 2 to 4, 31 and 32, Chapter 1 of Part 3 and sections 49 and 56 shall come into operation upon the passing of this Act.

2. Interpretation.

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 F1[…] 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.

3. Orders and regulations.

3.—Every order (other than an order under section 1(2)) and regulation under this Act shall be laid by the Minister before both Houses of the Oireachtas as soon as may be 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 sits after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

4. Service of notices.

4.—(1) A notice under section 8 or section 17 shall be addressed to the person concerned by name, and may be served on or given to the person in one of the following ways:

(a) by delivering it to the person;

(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address; or

(c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address.

(2) For the purposes of this section, a company within the meaning of the Companies Acts 1963 to 2003 shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

5. Expenses.

5.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART 2 Civil Liability

6. Application of Part.

6.—Subject to sections 14(8), 25(4), 26(4), 27(3) and 28(2), a provision of this Part applies only to personal injuries actions brought after the date of the commencement of that provision.

7. Amendments of Statute of Limitations (Amendment) Act 1991.

7.—The Statute of Limitations (Amendment) Act 1991 is amended by—

(a) the substitution in subsection (1) of section 3 of “2 years” for “three years”,

(b) the substitution in subsection (1) of section 4 of “2 years” for “three years”,

(c) the substitution in subsection (1) of section 5 of “2 years” for “three years”,

(d) the insertion of the following section:

“5A.—(1) Where the relevant date in respect of a cause of action falls before the commencement of section 7 of the Civil Liability and Courts Act 2004, an action (being an action to which section 3(1), 4(1), 5(1) or 6(1) of this Act applies) in respect of that cause of action shall not be brought after the expiration of—

(a) 2 years from the said commencement, or

(b) 3 years from the relevant date,

whichever occurs first.

(2) In this section ‘relevant date’ means the date of accrual of the cause of action or the date of knowledge of the person concerned as respects that cause of action whichever occurs later.”,

and

(e) the substitution in subsection (1) of section 6 of “2 years” for “three years”.

8. Letter of claim.

8.—(1) Where a plaintiff in a personal injuries action fails, without reasonable cause, to serve a notice in writing, before the expiration of F2[one month from the date of the cause of action,] on the wrongdoer or alleged wrongdoer stating the nature of the wrong alleged to have been committed by him or her, F2[the court hearing the action shall]—

(a) draw such inferences from the failure as appear proper, and

(b) where the interests of justice so require—

(i) make no order as to the payment of costs to the plaintiff, or

(ii) deduct such amount from the costs that would, but for this section, be payable to the plaintiff as it considers appropriate.

(2) In this section “date of the cause of action” means—

(a) the date of accrual of the cause of action, or

(b) the date of knowledge, as respects the cause of action concerned, of the person against whom the wrong was committed or alleged to have been committed,

whichever occurs later.

9. Rules of court.

9.—(1) It shall be a function of the courts in personal injuries actions to ensure that parties to such actions comply with such rules of court as apply in relation to personal injuries actions so that the trial of personal injuries actions within a reasonable period of their having been commenced is secured.

(2) Where rules of court prescribe a period of time for the service of a document, or the doing of any other thing, in relation to a personal injuries action, the period within which that document may be served or thing may be done shall not be extended beyond the period so prescribed unless—

(a) the parties to the action agree to the period being extended, or

(b) the court considers that—

(i) in all the circumstances the extension of the period by such further period as it may direct is necessary or expedient to enable the action to be properly prosecuted or defended, and

(ii) the interests of justice require the extension of the period by that further period.

(3) For the purposes of ensuring compliance by a party to a personal injuries action with rules of court, a court may make such orders as to the payment of costs as it considers appropriate.

(4) Nothing in this Act shall be construed as limiting or reducing the power of an authority, having (for the time being) power to make rules regulating the practice and procedure of a court, to—

(a) make such rules in relation to personal injuries actions provided such rules do not derogate from, and are not inconsistent with, any provision of this Act, or

(b) make such rules in relation to proceedings or actions other than personal injuries actions.

(5) In subsections (1) and (2) a reference to the courts or the court includes a reference to the Master of the High Court and a county registrar.

10. Bringing of proceedings.

10.—(1) Proceedings in the High Court, Circuit Court or District Court, in respect of a personal injuries action, shall be commenced by a summons to be known as and referred to in this Act as a “personal injuries summons”.

(2) A personal injuries summons shall specify—

(a) the plaintiff's name, the address at which he or she ordinarily resides and his or her occupation,

(b) the personal public service number allocated and issued to the plaintiff under section 223 (inserted by section 14 of the Act of 1998) of the Act of 1993,

(c) the defendant's name, the address at which he or she ordinarily resides (if known to the plaintiff) and his or her occupation (if known to the plaintiff),

(d) the injuries to the plaintiff alleged to have been occasioned by the wrong of the defendant,

(e) full particulars of all items of special damage in respect of which the plaintiff is making a claim,

(f) full particulars of the acts of the defendant constituting the said wrong and the circumstances relating to the commission of the said wrong,

(g) full particulars of each instance of negligence by the defendant.

(3) Where a plaintiff fails to comply with this section—

(a) the court may—

(i) direct that the action shall not proceed any further until the plaintiff complies with such conditions as the court may specify, or

(ii) where it considers that the interests of justice so require, dismiss the plaintiff's action,

and

(b) the court shall take such failure into account when deciding whether to make an order as to the payment of the costs of the personal injuries action concerned, or the amount of such costs.

(4) Where a plaintiff fails to comply with this section, the court hearing the personal injuries action concerned may draw such inferences from the failure as appear proper.

11. Request for further information.

11.—(1) Upon the request of a defendant in a personal injuries action, the plaintiff shall provide the defendant with—

(a) particulars of any personal injuries action brought by the plaintiff in which a court made an award of damages,

(b) particulars of any personal injuries action brought by the plaintiff which was withdrawn or settled,

(c) particulars of any injuries sustained or treatment administered to the plaintiff that would have a bearing on the personal injuries to which the personal injuries action relates, and

(d) the name of any persons from whom the plaintiff received such medical treatment,

in this Act referred to as “further information”.

(2) Upon the request of a defendant in a personal injuries action, the plaintiff shall provide the defendant with documents, of such a class as may be prescribed from time to time by the Minister, from the Revenue Commissioners or the Minister for Social and Family Affairs, as may be appropriate, relating to any earnings or other income in respect of which the plaintiff is making a claim.

(3) Where a plaintiff fails to comply with a request under subsection (1) or (2)—

(a) the court may—

(i) direct that the personal injuries action concerned shall not proceed any further until the plaintiff complies with such conditions as the court may specify, or

(ii) where it considers that the interests of justice so require, dismiss the plaintiff's action,

and

(b) the court shall, at the hearing of the action, take such failure into account when deciding whether to make any order as to the payment of the costs of the action, or the amount of such costs.

(4) Where, upon a request referred to in subsection (1), a plaintiff fails to comply with that subsection, the court hearing the personal injuries action concerned may draw such inferences from the failure as appear proper.

(5) Where, for the purposes of complying with subsection (2), a plaintiff requests the Revenue Commissioners or the Minister for Social and Family Affairs to furnish him or her with documents referred to in that paragraph, the Revenue Commissioners or the said Minister shall furnish him or her with such documents as are in their, or his or her, possession or procurement.

12. Defence and counterclaim.

12.—(1) A defence to a personal injuries action shall specify—

(a) the allegations specified, or matters pleaded, in the personal injuries summons of which the defendant does not require proof,

(b) the allegations specified, or matters pleaded in the personal injuries summons of which he or she requires proof,

(c) the grounds upon which the defendant claims that he or she is not liable for any injuries suffered by the plaintiff, and

(d) where the defendant alleges that some or all of the personal injuries suffered by the plaintiff were occasioned in whole or in part by the plaintiff's own acts, the grounds upon which he or she so alleges.

(2) A counterclaim in a personal injuries action shall specify—

(a) the personal public service number allocated and issued to the defendant under section 223 (inserted by section 14 of the Act of 1998) of the Act of 1993,

(b) the injuries to the defendant alleged to have been occasioned by the wrong of the plaintiff,

(c) full particulars of all items of special damage in respect of which the defendant is making a claim,

(d) full particulars of the acts of the plaintiff constituting the said wrong and the circumstances relating to the commission of the said wrong,

(e) full particulars of each instance of negligence by the plaintiff.

(3) Where a defendant fails to comply with this section—

(a) the court may—

(i) direct that the action shall not proceed further until the defendant complies with such conditions as the court may specify, or

(ii) where it considers that the interests of justice so require, give judgment in favour of the plaintiff,

and

(b) the court shall take such failure or refusal into account when deciding whether to make any order as to the payment of the costs of the personal injuries action concerned, or the amount of such costs.

(4) Where a defendant fails to comply with this section, the court hearing the personal injuries action concerned may draw such inferences from the failure as appear proper.

13. Pleadings generally.

13.—(1) All pleadings in a personal injuries action shall—

(a) in the case of a pleading served by the plaintiff, contain full and detailed particulars of the claim of which the action consists and of each allegation, assertion or plea comprising that claim, or

(b) in the case of a pleading served by the defendant or a third party contain full and detailed particulars of each denial or traverse, and of each allegation, assertion or plea, comprising his or her defence.

(2) Subject to this Act, pleadings in a personal injuries action shall be in such form as are prescribed by rules of court.

14. Verifying affidavit.

14.—(1) Where the plaintiff in a personal injuries action—

(a) serves on the defendant any pleading containing assertions or allegations, or

(b) provides further information to the defendant,

the plaintiff (or in the case of a personal injuries action brought on behalf of an infant or person of unsound mind by a next friend or a committee of the infant or person, the next friend or committee) shall swear an affidavit verifying those assertions or allegations, or that further information.

(2) Where the defendant or a third party in a personal injuries action serves on another party to the action any pleading containing assertions or allegations, the defendant or third party, as the case may be, shall swear an affidavit verifying those assertions or allegations.

(3) Where a personal injuries action is brought on behalf of an infant or a person of unsound mind by a next friend or a committee of the infant or person, an affidavit to which subsection (1) applies sworn by the next friend or committee concerned shall, in respect of assertions, allegations or further information, of which he or she does not have personal knowledge, state that he or she honestly believes the assertions, allegations or further information, to be true.

(4) An affidavit under this section shall be lodged in court not later than—

(a) 21 days after the service of the pleading concerned or such longer period as the court may direct or the parties may agree, or