CIVIL LAW (AMENDMENT) ACT 2019

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

Amendment of section 2

by substituting for the shoulder note the following shoulder note:

“Compensation to persons entitled for loss occasioned by death”;

in subsection (2), by substituting for the words

“and child,” the words “child and any person with disabilities under the care,”;

in the proviso to subsection (3)—

in subparagraph (iv)(a)—

by substituting for the words “fifty five years” the words “sixty years”; and

by deleting the words “was in good health but for the injury that caused his death and”; and

by substituting for the words “fifty four years” the words “fifty-nine years”; and

by substituting for the words “figure 55”

the words “figure 60”;

in subsection (3a), by substituting for the word “ten”

the word “thirty”;

by substituting for subsection (3b) the following subsection:

“(3b)  A claim for damages for bereavement shall only be for the benefit of—

the spouse of the person deceased;

Civil Law (Amendment)

the child of the person deceased; and

the parents of the person deceased.”;

in subsection (3c), by substituting for the words

“paragraph (3b)(b) for the benefit of the parents of the person deceased” the words “subsection (3b)”; and

in subsection (4), by substituting for the words

“paragraph (3b)(b)” the words “subsection (3b)”.

Amendment of section 11

by renumbering the existing section as subsection (1);

and

by inserting after subsection (1) as renumbered the following subsections:

“(2)  Where interest is awarded under subsection (1)

for recovery of damages under section 6a of the

Limitation Act 1953 [Act 254], the interest may be given for the whole or any part of the period between the starting date and the date of the judgement.

For the purposes of subsection (2), “starting date” has the meaning assigned to it in the Limitation

Act 1953.”.

Amendment of section 28a

in subparagraph (c)(i)—

by substituting for the words “fifty-five years”

the words “sixty years”; and

in subparagraph (d)(ii)—

by substituting for the words “fifty-four years”

the words “fifty-nine years”; and

Any action commenced on or after the date of coming into operation of this Act of which the cause of action accrued before the date of coming into operation of this Act shall be continued as if the principal Act had not been amended by this Act.