Periodic Payments Commenced

Author: Killian O'Reilly and Mark Kelly

November 12, 2018

The long awaited amendments to the Civil Liability Act 1961 as provided by the Civil Liability (Amendment) Act 2017 (the “Act”) regarding periodic payment orders are now in operation since the 31st of October 2018. The commencement of the Act means that the Court can now grant periodic payment orders in situations where catastrophic injuries have occurred, as opposed to one-off lump sum payments.

S.I. 430 of 2018  has amended Order 1A of the Rules of the Superior Courts to allow a personal injury summons to include a statement that the plaintiff’s claim is one in which it is appropriate to make a periodic payment order in respect of one or more of the following:

  1. The future medical treatment of the plaintiff;
  2. Future care of the plaintiff;
  3. Provision of assistive technology or other aids or appliances with the medical treatment and care of the plaintiff; and/or
  4. Damages in respect of future loss of earnings.

The commencement of the Act is welcomed as it provides certainty for plaintiffs who have suffered catastrophic injury and may need lifelong care. A copy of SI 430/2018 can be found here and a copy of the Act can be found here.

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