Civil Liability (Amendment) Act 2017

Amendment of section 17 of Civil Liability and Courts Act 2004

6. Section 17 of the Civil Liability and Courts Act 2004 is amended—

(a) by the insertion of the following subsection after subsection (2):

“(2A) Where a formal offer is made in respect of a personal injuries action relating to a catastrophic injury, the formal offer shall specify the proportion of the amount of the formal offer that is attributable to—

(a) the future medical treatment of the plaintiff,

(b) the future care of the plaintiff,

(c) the provision of assistive technology or other aids and appliances associated with the medical treatment and care of the plaintiff, and

(d) future loss of earnings of the plaintiff.”,

(b) in subsection (5), by the substitution of “Subject to subsection (5A), the court” for “The court”,

(c) by the insertion of the following subsection after subsection (5):

“(5A) (a) Where a court has made a periodic payments order in a personal injuries action, the court shall, when considering the making of an order as to the payment of the costs in the personal injuries action, have regard to—

(i) the terms of any formal offer, other than those terms which relate to the matters referred to in paragraphs (a), (b), (c) and (d) of subsection (2A), and

(ii) the reasonableness of the conduct of the parties to the personal injuries action concerned in making any formal offers.

(b) In determining liability for the part of the costs of the personal injuries action relating to the matters referred to in paragraphs (a), (b), (c) and (d) of subsection (2A), the court shall have regard to—

(i) any offers not expressed to be without prejudice or in terms having like effect, and

(ii) any offers made without prejudice save as to the issue of costs which were made by or on behalf of a party to the personal injuries action after the commencement of the trial of the action, to effect a settlement of that action.”,

and

(d) by the insertion of the following definitions in subsection (7):

“ ‘catastrophic injury’ has the same meaning as it has in Part IVB of the Civil Liability Act 1961 ;

‘periodic payments order’ has the same meaning as it has in Part IVB of the Civil Liability Act 1961 ;”.