An Agreed Programme for Government says measures will be introduced to provide that certain forms of action will require the support of sworn affidavits to create liability in perjury for fraudulent claims. It furthermore says that measures will be introduced to punish the presentation and making of false and exaggerated claims in personal injury cases and, as part of this, there will be a power for the courts to deduct from damages costs relating to exaggerated claims.
The question of requiring claims to be supported by a sworn affidavit including whether this might be imposed by rules of court or primary legislation is under active consideration in my Department. Consideration is also being given to introducing a provision that, if any element of a claim before a court is made in bad faith, the whole claim will, subject to appropriate safeguards, fail. Such a provision would require primary legislation.