Civil Liability (Amendment) Act, 1996

Amendment of section 49 (damages) of Principal Act.

2.—(1) Section 49 of the Principal Act, as amended by section 28 (1) of the Courts Act, 1981 , is hereby amended—

(a) in paragraph (b) of subsection (1), by substituting “£20,000” for “£7,500”,

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

“(1A) Where the Minister for Equality and Law Reform is satisfied that the monetary amount for the time being standing specified—

(a) in paragraph (b) of subsection (1), or

(b) in respect of paragraph (b) of subsection (1), by virtue of an order made under this subsection,

should, having regard to changes in the value of money generally in the State since the monetary amount was so specified, be varied, the Minister may by order specify an amount that the Minister considers is appropriate, and in such case paragraph (b) of subsection (1) shall, in relation to any cause of action that accrues while the order is in effect, have effect as if the amount specified in the order were set out in that paragraph.

(1B) Every order made under subsection (1A) shall be laid before each House of the Oireachtas as soon as practicable after it is made and, if a resolution annulling the order is passed by either House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to any cause of action that accrued while the order was in effect.”,


(c) by the insertion of the following subsection after subsection (4):

“(5) Where a person referred to in paragraph (c) of the definition of ‘dependant’ in section 47 (1) had no enforceable right to financial maintenance by the deceased, the court shall take that fact into account, together with any other relevant matter, in determining the damages to be awarded to the person by virtue of subparagraph (i) of paragraph (a) of subsection (1) of this section.”.

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