2014 Legislation Update

(14 Mar 2014)

Amendment to the Jurisdiction of Civil Courts

Changes in the monetary jurisdictions of the Civil Courts took effect on the 3rd February 2014.  These changes are included in Section 2(1) and Part 3 of the Courts and Civil Law (Miscellaneous Provisions) Act of 2013.

As and from the 3rd February 2014 the following changes have now been implemented:-

 

·     The jurisdiction of the District Court in all Civil Proceedings will be limited to €15,000.00.

 

·       The jurisdiction of the Circuit Court in  Civil Proceedings (other than Personal Injuries Claims) will be limited to €75,000.00.

 

·      The jurisdiction of the Circuit Court for Personal Injuries Actions as defined in Section 2 of the Civil Liability and Courts Act 2004 will be remitted to €60,000.00. 

Increase in Solatium Awards

The limit for an award in a Solatium Fatal Injury Case was increased as of the 11th January 2014 last to a sum of €35,000.00.

A Fatal Injury Claim is brought by the Dependents of a person who has died as a result of the alleged wrongful act of another person and/or persons.  These claims are provided for under Part IV of the Civil Liability Act 1961 (as amended).

An award of solatium is an award of compensation for mental distress.  The increase in the award has been designed to reflect the increase in the cost of living since the last increase in a solatium award which occurred  in 1996, the old limit of €25,394.75 is now increased to a sum of €35,000.00.  

This increase in the level of compensation will apply in all future cases where the alleged wrongful death has occurred on or after the 11th January 2014. 

 

 

© 2008 Arthur McLean Solicitors