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. 19:

In page 11, subsection (1)(d), line 18, after "alleges" to insert "and full particulars of the acts of the plaintiff constituting any alleged negligence or contributory negligence".

This amendment makes a similar point, so I do not expect that the Minister will accept it. However, it concerns the requirements of a defence, which are more limited in this Bill than in the case of a personal injury summons. The amendment proposes that the defence should set out particulars of contributory negligence, for instance, in subsection (2)(e), which requires such particulars, but only in a counter-claim. Those particulars should be required in a defence which alleges contributory negligence.

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