Civil Liability (Amendment) Act, 1996

Amendment of section 47 (definitions (Part IV)) of Civil Liability Act, 1961.

1.—(1) Section 47 of the Civil Liability Act, 1961 (hereinafter in this Act called “the Principal Act”) is hereby amended by the substitution of the following subsection for subsection (1):

“(1) In this Part—

‘dependant’ means, in respect of a deceased person whose death is caused by a wrongful act—

(a) a spouse, parent, grandparent, step-parent, child, grandchild, step-child, brother, sister, half-brother or half-sister of the deceased,

(b) a person whose marriage to the deceased has been dissolved by a decree of divorce that was granted under the Family Law (Divorce) Act, 1996 or under the law of a country or jurisdiction other than the State and is recognised in the State, or

(c) a person who was not married to the deceased but who, until the date of the deceased's death, had been living with the deceased as husband or wife for a continuous period of not less than three years,

who has suffered injury or mental distress as a result of the death;

‘wrongful act’ includes a crime.”.

(2) Subsection (1) shall not have effect in relation to a cause of action that accrued before that subsection comes into operation.