I would like some information. Section 3 provides that where an injury is suffered by a person as the result of a tort and separate actions are taken costs may only be awarded for one action. Suppose an action is taken in two courts is there provision for expenses in more than one of those cases?
Tortfeasors Bill, 1950—Committee and Final Stages.
Sections 1 and 2 put and agreed to.
SECTION 3.
Question proposed: "That Section 3 stand part of the Bill."
If he went to two courts, an inferior and a higher court, he would be a fool. He should only go to one court as he would only get one set of costs. If, however, there were two courts and two sets of actions he would get double costs. The answer is yes.
I wonder if that is quite clear. Suppose proceedings are taken against more than one person and they are not taken together; a month or two months may elapse and they may not be taken in the same court; the provision here is that costs will be granted only for one of the proceedings.
The general rule says that there may be only one set of costs, but paragraph (iv) says:—
"The court may award to the injured person costs in a successful action (other than the first successful action) where the court is of opinion that there was reasonable ground for bringing such successful action as a separate action."
Question put and agreed to.
SECTION 4.
Question proposed: "That Section 4 stand part of the Bill."
There again the question of costs enters in. Could the Minister give us an idea of how costs will be apportioned?
The court will, of course, apportion the costs as appears to them to be just. They have the power to decide that you are liable for so much and that I am liable for only such a portion. They will assess them.
That will be decided according to whether you are in a position to meet the costs, not on your actual liability.
Both damages and costs are on the same principle.
Question put and agreed to.
Sections 5, 6, 7 and Title put and agreed to.
Bill reported without amendment.
Agreed to take the remaining stages to-day.
Bill received for final consideration and passed.
Ordered: That the Bill be sent to the Dáil.