Civil Law (Miscellaneous Provisions) Act 2008
The Civil Law (Miscellaneous Provisions) Act 2008 introduces new provisions which serve to modernise existing legislation. Some of the more significant changes are as follows:
Prohibition on publication in relation to medical condition
Section 27 introduces a means of preventing publication of details relating to cases which may identify a person as having a medical condition. This is particularly significant in cases relating to medical negligence.
Many medical negligence cases are of interest to the media, and, usually, the more interesting the details of the case are, the more vulnerable the parties involved. Many people are reticent to take court actions in circumstances where they may find sensitive details in relation to their private lives will be on the front page.
This section of the new Act states that applications may be made to the court by any party to proceedings, at any stage of proceedings, for an order prohibiting the publication or broadcast of any matter relating to the proceedings which would, or would be likely to identify the relevant person (either a party or a witness to the proceedings) as a person having a medical condition. The section does not provide for hearings to take place in private, but simply that details that may disclose a medical condition cannot be published if such an application is successful. It is unknown as yet how this provision will operate in practice but the application may be made in the judge's chambers, removing the danger of the fact of the application revealing the detail. It should be emphasised that this section does not allow for such cases to be held in private and that members of the public and, indeed, journalists may be present at any hearing. The ban is on publication only.
Evidence by video-link
Section 26 of the Act allows for evidence to be delivered by way of live television link, whether the party is in the State or not. This provision is subject to such facilities being available which allow the person to see and hear the proceedings and to be seen and heard by those present at the hearing. It will not be permitted if it would be unfair on the parties to allow it.
Statutory Declarations
Section 49 of the Act allows an attester of a statutory declaration to establish the identity of the declarant by means of a "relevant document" containing a photograph of the declarant. The means of identification must be recorded by the attester in the attestation clause. Relevant documents are defined as:
- A valid passport
- An national identity card
- A document equivalent to a passport
- Travel document issued by Dept of Justice Equality and Law Reform
- Travel document issued by the state solely in lieu of a national passport
Service of District and Circuit Court Documents by Post
Section 16 of the Act provides that Circuit and District Court documents may be served personally, notwithstanding that summons server has been appointed to the area.
Business Tenancies
Section 47 of the Act allows a tenant to opt out of its rights to a new tenancy of a commercial premises. This means that landlords can negotiate with prospective tenants for lease terms longer than the standard four years and eleven months, provided the tenant is properly advised. It is also beneficial for tenants, who previously would have had their leases terminated within the old timeframe. Renunciation of tenancy rights does not have to be made before the commencement of the lease which means that the tenant can contract out of their statutory entitlements during the term of the lease. This provides for a more flexible environment within which both landlords and tenants can re-negotiate leases.
These are some of the more significant changes contained within the Civil Law (Miscellanous Provisions) 2008, which, by their varying nature, serve to illustrate the purpose of the Act, which was a response to calls for modernisation of legislation.
For further information
For further information in relation to civil law please contact Malcomson Law by calling 01 8744422 or complete an Online Enquiry Form. A solicitor will contact you to advise you of your legal rights and entitlements.