Deputy Fitzpatrick was in possession and we are resuming on amendment No. 1 to amendment No. 1. I should like to remind the House that amendments Nos. 1, 2 and 3 are being taken together.
NEW SECTION.
The following amendment was moved by the Minister for Justice on Wednesday, 4 May 1988:
1. In page 2, before section 1, to insert the following new section:
"1. —(1) Notwithstanding section 94 of the Courts of Justice Act, 1924, or any other provision made by or under statute, or any rule of law, an action in the High Court—
(a) claiming damages in respect of personal injuries to a person caused by negligence, nuisance or breach of duty (whether the duty exists by virtue of a contract or a provision made by or under a statute or independently of any such contract or any such provision),
(b) under section 48 of the Civil Liability Act, 1961, or
(c) under section 18 (inserted by the Air Navigation and Transport Act, 1965) of the Air Navigation and Transport Act, 1936,
or a question of fact or an issue arising in such an action, shall not be tried with a jury.
(2) Subsection (1) of this section also applies in relation to—
(a) an action in which damages are claimed both in respect of personal injuries to a person caused as specified in subsection (1) (a), or the death of a person, and in respect of another matter, and
(b) an action in which—
(i) the damages claimed consist only of damages in respect of a matter other than personal injuries to, or the death of, a person, and
(ii) the claim arises directly or indirectly from an act or omission that has also resulted in personal injuries to, or the death of, a person,
and in relation to a question of fact or an issue arising in an action referred to in paragraph (a) or (b) of this subsection.
(3) Notwithstanding the preceding provisions of this section, subsection (1) of this section does not apply in relation to an action where the damages claimed consist only of damages for false imprisonment or for intentional trespass to the person, or in relation to a question of fact or an issue arising in such an action.
(4) For the purpose of the application of subsection (1) of this section in relation to an action, or a question of fact or an issue arising in an action, any set-off or counterclaim, or any other claim by a party (other than a plaintiff) to the action, shall be disregarded.
(5) Subsection (1) of this section does not apply in relation to an action, or a question of fact or an issue arising in an action, if the trial thereof began before the commencement of this Act but does apply to the retrial of such an action, question of fact or issue if the retrial begins after such commencement.
(6) Where, as respects an action in relation to which subsection (1) of this section applies, or a question of fact or an issue arising in such an action—
(a) a notice of trial containing a requirement to have the action, question or issue tried with a jury, or
(b) a notice signifying a desire to have the action, question or issue tried with a jury,
was served or given before the commencement of this Act, the requirement referred to in paragraph (a) of this subsection or, as the case may be, the notice referred to in paragraph (b) of this subsection shall be disregarded.
(7) In this section `personal injuries' includes any disease and any impairment of a person's physical or mental condition.".
—(Minister for Justice.)