Seanad debates

Thursday, 3 June 2004

Civil Liability and Courts Bill 2004: Committee Stage (Resumed).

 

12:00 pm

Kathleen O'Meara (Labour)

I move amendment No. 18:

In page 10, between lines 21 and 22 to insert the following subsection:

"(2) Upon the request of a plaintiff in a personal injuries action, the defendant shall provide the plaintiff with full particulars of any matter alleged in the defence of the defendant and such other information as may reasonably be requested by the plaintiff within the knowledge of the defendant including full particulars of the plaintiff's earnings where such earnings were paid by the defendant, during such period as may be specified by the plaintiff.".

This is designed to correct an imbalance. The section is imbalanced in that it provides for particulars to be furnished by a plaintiff and not by a defendant. The amendment is designed to redress that imbalance. For instance, where a plaintiff was formerly employed by the defendant and the defendant failed to make available adequate payroll information. This amendment seeks to redress that type of omission.

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