Seanad debates

Wednesday, 5 November 2003

Insurance Industry Reform: Motion.

 

The Minister for Justice, Equality and Law Reform published the general scheme of the Civil Liability and Courts Bill in July 2003. This legislation will reform the law on personal injury actions and effect a number of the recommendations of the Motor Insurance Advisory Board. It will include measures to tackle fraudulent claims. The Bill includes a requirement for a person to swear an affidavit in order to verify their pleadings in a case. If the person swears falsely, he or she will be guilty of an offence. It includes a requirement that pleadings be full and detailed and set out all relevant information. It will provide for the loss of compensation in the event of fraudulent claims. There will be a provision that if any element of a claim before a court is made in bad faith, the whole claim will fail, subject to appropriate safeguards. It will provide for exclusion from the determination of damages of any income which was not declared for tax purposes. It will take into account all insurance benefits paid to a claimant in assessing damages to be awarded in personal injury claims. It will provide for the reduction of the limitation period for personal injury actions from three years to one to ensure claims are brought forward without delay. Additional powers are to be given to the courts to direct mediation and-or case conferences at any stage, to direct that the net issues in a claim be identified by means of a pre-trial hearing and to direct that a court-appointed medical expert examine the plaintiff.

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