(LRC Revised)

Number 31 of 2004

CIVIL LIABILITY AND COURTS ACT 2004

REVISED

Updated to 2 September 2024

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Civil Liability and Courts Act 2004

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including the

Courts, Civil Law, Criminal

Law and Superannuation (Miscellaneous Provisions) Act 2024

(30/2024), enacted 23

July 2024, and all statutory instruments up to and including the

Waste Management

(Landfill Levy) (Amendment) Regulations 2024

(S.I. No. 442 of 2024), made 2

September 2024, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

31

of

2004

CIVIL LIABILITY AND COURTS ACT 2004

REVISED

Updated to 2 September 2024

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Orders and regulations.

4.

Service of notices.

5.

Expenses.

PART 2

Civil Liability

6.

Application of Part.

7.

Amendments of Statute of Limitations (Amendment) Act 1991.

8.

Letter of claim.

9.

Rules of court.

10.

Bringing of proceedings.

11.

Request for further information.

12.

Defence and counterclaim.

13.

Pleadings generally.

14.

Verifying affidavit.

15.

Mediation conference.

16.

Report of chairperson of mediation conference.

17.

Formal offers.

17A.

Pre-action offers to settle clinical negligence claims.

17A.

Pre-action offers of settlement in clinical negligence claims.

18.

Pre-trial hearings.

19.

Evidence.

20.

Expert evidence.

21.

Intervention in a personal injuries action.

22.

Matter to be taken into account by the court when assessing damages.

23.

Actuarial tables.

24.

Discount rate.

25.

False evidence, etc.

26.

Fraudulent actions.

27.

Collateral benefits.

28.

Income undeclared for tax purposes.

29.

Offences.

30.

Register of personal injuries actions.

31.

Amendment of Act of 2003.

32.

Other amendments of Act of 2003.

PART 2A

Clinical Negligence Actions

32A.

Interpretation of Part 2A

32B.

Pre-action protocol

32C.

Powers of court

32D.

Apology not to constitute admission of liability or invalidate insurance

PART 3

Courts

Chapter 1

Funds of Suitors

33.

Definitions.

34.

Realisation of investment of dormant accounts of funds of suitors.

34A.

Realisation of investment of dormant account of funds of suitors of

Circuit Court and dormant funds of suitors of District Court.

35.

Disposal of part of funds of suitors.

36.

Deficiency in funds of suitors.

37.

Publication of notices by Accountant.

38.

Register of funds of suitors.

Chapter 2

Miscellaneous Provisions

39.

Definitions.

40.

Proceedings heard otherwise than in public.

40A.

Proceedings heard otherwise than in public.

41.

Interest on costs, charges or expenses of certain judgments, orders or decrees.

42.

Certain officers to act as registrar of Central Criminal Court.

43.

Amendment of section 27 of Court Officers Act 1926.

44.

Amendment of section 38 of Court Officers Act 1926.

45.

Amendment of Courts (Supplemental Provisions) Act 1961.

46.

Amendment of Registration of Title Act 1964.

47.

Amendment of Succession Act 1965.

48.

Amendment of Act of 1976.

49.

Amendment of section 1 of Courts (No. 3) Act 1986.

50.

Amendment of Act of 1989.

51.

Amendment of Act of 1995.

52.

Amendment of Act of 1996.

53.

Amendment of Planning and Development Act 2000.

53A.

Presumption as to market value.

54.

Exclusion of certain witnesses, etc.

55.

Amendment of Act of 2002.

56.

Increase in number of judges of High Court, Circuit Court and District Court.

Acts Referred to

Building Societies Act 1989

1989, No. 17

Central Bank Act 1971

1971, No. 24

Civil Liability Act 1961

1961, No. 41

Civil Liability (Amendment) Act 1964

1964, No. 17

Companies Acts 1963 to 2003

Court Officers Act 1926

1926, No. 27

Courts Act 1971

1971, No. 36

Courts Act 1981

1981, No. 11

Courts Act 1991

1991, No. 20

Courts and Court Officers Act 1995

1995, No. 31

Courts and Court Officers Act 2002

2002, No. 15

Courts (No. 3) Act 1986

1986, No. 33

Courts (No. 2) Act 1997

1997, No. 43

Courts Service Act 1998

1998, No. 8

Courts (Supplemental Provisions) Act 1961

1961, No. 39

Criminal Procedure Act 1967

1967, No. 12

Debtors (Ireland) Act 1840

3 & 4 Vict., c. 105

Domestic Violence Act 1996

1996, No. 1

Family Home Protection Act 1976

1976, No. 27

Family Law Act 1995

1995, No. 26

Family Law (Divorce) Act 1996

1996, No. 33

Family Law (Maintenance of Spouses and Children) Act 1976

1976, No. 11

Garda Síochána (Compensation) Acts 1941 and 1945

Judicial Separation and Family Law Reform Act 1989

1989, No. 6

Legitimacy Act 1931

1931, No. 13

Maintenance Act 1994

1994, No. 28

Personal Injuries Assessment Board Act 2003

2003, No. 46

Planning and Development Act 2000

2000, No. 30

Registration of Title Act 1964

1964, No. 16

Social Welfare Act 1998

1998, No. 6

Social Welfare (Consolidation) Act 1993

1993, No. 27

Status of Children Act 1987

1987, No. 26

Statute of Limitations (Amendment) Act 1991

1991, No. 18

Succession Act 1965

1965, No. 27

Taxes Consolidation Act 1997

1997, No. 39

The Courts of Justice Act 1924

1924, No. 10

Number

31

of

2004

CIVIL LIABILITY AND COURTS ACT 2004

REVISED

Updated to 2 September 2024

AN ACT TO PROVIDE FOR CERTAIN PROCEDURAL AND OTHER CHANGES IN ACTIONS TO RECOVER DAMAGES

FOR PERSONAL INJURIES; TO PROVIDE THAT AN ACTION FOR PERSONAL INJURIES SHALL NOT BE

BROUGHT AFTER THE EXPIRATION OF 2 YEARS FROM THE DATE OF ACCRUAL OF THE CAUSE OF ACTION

OR THE DATE OF KNOWLEDGE OF THE CAUSE OF ACTION WHICHEVER OCCURS LATER; TO PROVIDE

THAT WHERE A PLAINTIFF IN A PERSONAL INJURIES ACTION GIVES FALSE EVIDENCE, THE COURT

MAY DISMISS THE PLAINTIFF'S ACTION; TO MAKE PROVISION IN RELATION TO THE ASSESSMENT

OF DAMAGES IN A PERSONAL INJURIES ACTION; TO MAKE PROVISION IN RELATION TO THE JURISDICTION

OF THE CIRCUIT COURT IN PROCEEDINGS RELATING TO LAND; TO PROVIDE FOR THE DISPOSAL

OF PART OF THE FUNDS OF SUITORS VESTED IN THE ACCOUNTANT OF THE COURTS OF JUSTICE;

TO MAKE PROVISION IN RELATION TO THE PUBLICATION OF REPORTS, AND PRODUCTION OF DOCUMENTS

PREPARED FOR THE PURPOSES, OF PROCEEDINGS TO BE HEARD OTHERWISE THAN IN PUBLIC; AND,

FOR THOSE AND OTHER PURPOSES, TO AMEND THE STATUTE OF LIMITATIONS (AMENDMENT) ACT

1991, THE CIVIL LIABILITY ACT 1961 AND CERTAIN OTHER ENACTMENTS; AND TO PROVIDE FOR

RELATED MATTERS. [21

st July

2004]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Orders and regulations.

4.

Service of notices.

5.

Expenses.

PART 2

Civil Liability

6.

Application of Part.

7.

Amendments of Statute of Limitations (Amendment) Act 1991.

8.

Letter of claim.

9.

Rules of court.

10.

Bringing of proceedings.

11.

Request for further information.

12.

Defence and counterclaim.

13.

Pleadings generally.

14.

Verifying affidavit.

15.

Mediation conference.

16.

Report of chairperson of mediation conference.

17.

Formal offers.

17A.

Pre-action offers to settle clinical negligence claims.

17A.

Pre-action offers of settlement in clinical negligence claims.

18.

Pre-trial hearings.

19.

Evidence.

20.

Expert evidence.

21.

Intervention in a personal injuries action.

22.

Matter to be taken into account by the court when assessing damages.

23.

Actuarial tables.

24.

Discount rate.

25.

False evidence, etc.

26.

Fraudulent actions.

27.

Collateral benefits.

28.

Income undeclared for tax purposes.

29.

Offences.

30.

Register of personal injuries actions.

31.

Amendment of Act of 2003.

32.

Other amendments of Act of 2003.

PART 2A

Clinical Negligence Actions

32A.

Interpretation of Part 2A

32B.

Pre-action protocol

32C.

Powers of court

32D.

Apology not to constitute admission of liability or invalidate insurance

PART 3

Courts

Chapter 1

Funds of Suitors

33.

Definitions.

34.

Realisation of investment of dormant accounts of funds of suitors.

34A.

Realisation of investment of dormant account of funds of suitors of

Circuit Court and dormant funds of suitors of District Court.

35.

Disposal of part of funds of suitors.

36.

Deficiency in funds of suitors.

37.

Publication of notices by Accountant.

38.

Register of funds of suitors.

Chapter 2

Miscellaneous Provisions

39.

Definitions.

40.

Proceedings heard otherwise than in public.

40A.

Proceedings heard otherwise than in public.

41.

Interest on costs, charges or expenses of certain judgments, orders or decrees.

42.

Certain officers to act as registrar of Central Criminal Court.

43.

Amendment of section 27 of Court Officers Act 1926.

44.

Amendment of section 38 of Court Officers Act 1926.

45.

Amendment of Courts (Supplemental Provisions) Act 1961.

46.

Amendment of Registration of Title Act 1964.

47.

Amendment of Succession Act 1965.

48.

Amendment of Act of 1976.

49.

Amendment of section 1 of Courts (No. 3) Act 1986.

50.

Amendment of Act of 1989.

51.

Amendment of Act of 1995.

52.

Amendment of Act of 1996.

53.

Amendment of Planning and Development Act 2000.

53A.

Presumption as to market value.

54.

Exclusion of certain witnesses, etc.

55.

Amendment of Act of 2002.

56.

Increase in number of judges of High Court, Circuit Court and District Court.