Written answers

Tuesday, 15 November 2016

Department of Justice and Equality

Insurance Costs

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
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136. To ask the Minister for Justice and Equality her plans in relation to the review and reforming of regulations and laws surrounding fraudulent personal injury claims in the workplace, to help protect small and medium size businesses; and if she will make a statement on the matter. [34459/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The Civil Liability and Courts Act 2004 contains provisions aimed at tackling fraudulent personal injury claims.

Section 25 of the Act provides that it is an offence for a person to give or adduce evidence in a personal injuries action that is false or misleading and that the person knows to be false or misleading, or to cause false or misleading evidence to be given or adduced with the intention of misleading the court. It is also an offence for a person to give false or misleading instructions or information to a solicitor or expert in relation to a personal injuries action or to cause false or misleading instructions or information to be given with the intention of misleading the court.

Under section 29 of the Act, a person guilty of an offence under section 25 is liable, on conviction on indictment, to a fine not exceeding €100,000, or imprisonment for a term not exceeding 10 years or both. A person convicted summarily of an offence under section 25 is liable to a Class B fine (a fine not exceeding €4,000) or imprisonment for a term not exceeding 12 months or both.

Section 26 of the Act requires a court to dismiss a personal injuries claim where the plaintiff gives evidence that is false or misleading and that he or she knows to be false or misleading, or causes false or misleading evidence to be given with the intention of misleading the court, unless dismissal of the action would result in injustice being done.

These provisions of the Civil Liability and Courts Act 2004 are currently being considered by the Cost of Insurance Working Group, chaired by Minister of State Eoghan Murphy TD.

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