The Civil Liability and
Courts Act 2004
The
Civil Liability and Courts Act 2004, which became law on 21st July
2004, makes wide ranging new provisions for the regulation of civil claims for
compensation. In particular it creates
a new offence of giving false evidence.
This offence is far broader than the offence of perjury, as it includes
giving false or misleading information about a claim to a solicitor or an
expert witness, such as a doctor. The
act also provides that a Court must dismiss a claim for damages where it is
clear that a Plaintiff knowingly gave false or misleading evidence with the
intention of misleading the Court.
Other salient provisions include a requirement that a Plaintiff who
claims damages for personal injuries notified the claim to the person claimed
against within two months of the wrong complained of or as soon as practicable
thereafter. Failure to comply with
this provision without providing a reasonable excuse may result in the claimant
being penalized in terms of the costs he can recover from the Defendant if he
succeeds. A provision in the Act
reducing the time limit for making a claim for personal injuries from three
years to two years
will
come into force at the end of March 2005.
Another important new provision which will come into force on 31st March
is that a Plaintiff will
after
that date be required to verify the allegations comprising his claim on
affidavit, so that making a false allegation will amount to perjury.