[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutes of Northern Ireland
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/lrpai1948564.txt

[New search] [Help]

LAW REFORM (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1948

LAW REFORM (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1948 -
LONG TITLE

An Act to abolish the defence of common employment; to amend the
law relating to contributory negligence and the measure of damages
for personal injury or death; and for purposes connected with the
matters aforesaid.{1}
[23rd December 1948]
Common employment not to be a defence.

LAW REFORM (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1948 -
SECT 1

1.(1) It shall not be a defence to an employer who is sued in
respect of personal injuries caused by the negligence of a person
employed by him, that that person was at the time the injuries
were caused in common employment with the person injured.

Subs.(2) rep. by SLR (NI) 1952

(3) Any provision contained in a contract of service or
apprenticeship, or in an agreement collateral thereto, (including a
contract or agreement entered into before the passing of this Act)
shall be void in so far as it would have the effect of excluding
or limiting any liability of the employer in respect of personal
injuries caused to the person employed or apprenticed by the
negligence of persons in common employment with him.

LAW REFORM (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1948 -
SECT 2
Apportionment of liability in tort where more than one person is at
fault.

2.(1) Where any person suffers damage as the result partly of his
own fault and partly of the fault of any other person or persons,
a claim in respect of that damage shall not be defeated by reason
of the fault of the person suffering the damage, but the damages
recoverable in respect thereof shall be reduced to such extent as
the court thinks just and equitable having regard to the claimant's
share in the responsibility for the damage:

Provided that

(a)this sub-section shall not operate to defeat any defence arising
under a contract;

(b)where any contract or enactment providing for the limitation of
liability is applicable to the claim, the amount of damages
recoverable by the claimant by virtue of this sub-section shall not
exceed the maximum limit so applicable.

(2) Where damages are recoverable by any person by virtue of the
preceding sub-section subject to such reduction as is therein
mentioned, the court shall find and record the total damages which
would have been recoverable if the claimant had not been at fault.

Subs.(3) rep. by 1978 c.47 s.9(2) sch.2; subs.(4) rep. by 1977 NI18
art.8(2) sch.2

(5) Where, in any case to which sub-section (1) of this section
applies, one of the persons at fault or his personal representative
avoids liability to any other such person or his personal
representative by pleading any enactment limiting the time within
which proceedings may be taken, he shall not be entitled to recover
any damages... from that other person or representative by virtue of
the said sub-section.

(6) Where any case to which sub-section (1) of this section applies
is tried with a jury, the jury shall determine the total damages
which would have been recoverable if the claimant had not been at
fault and the extent to which those damages are to be reduced.

Subs.(7) rep. by 1961 c.27 s.14(3) sch.2

LAW REFORM (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1948 -
SECT 3
Measure of damages, etc.

3.(1) On a claim for damages for personal injuries (including any
such claim arising out of a contract),... there shall in assessing
those damages... be taken into account, against any loss of earnings
or profits which has accrued or probably will accrue to the injured
person from the injuries, one half of the value of any rights
which have accrued or probably will accrue to him therefrom in
respect of [any of the following benefits under the Social Security
(Northern Ireland) Act 1975 [, the Social Security Pensions (Northern
Ireland) Order 1975 or any corresponding provisions in force in
Great Britain] namely

This sub-section shall not be taken as requiring both the gross
amount of the damages... before taking into account the said rights
and the net amount after taking them into account to be found
separately.

(2) In determining the value of the said rights there shall be
disregarded any increase of an industrial disablement pension in
respect of the need of constant attendance.

(3) The reference in sub-section (1) of this section to assessing
the damages for personal injuries shall, in cases where the damages
otherwise recoverable are subject to reduction under the law relating
to contributory negligence or are limited by or under any Act or
by contract, be taken as referring to the total damages which would
have been recoverable but for the reduction or limitation.

(4) On a claim for damages for personal injuries (including any
such claim arising out of a contract),..., there shall be
disregarded, in determining the reasonableness of any expenses, the
possibility of avoiding those expenses or part of them by taking
advantage of facilities available under the Health Services Act
(Northern Ireland), 1948, or of any corresponding facilities in Great
Britain.

Subs. (5) rep. by 1959 c.65 s.3 sch.; 1959 c.18 (NI) s.3(3) sch.;
1968 c.9 (NI) s.13 sch.2

[(6) For the purposes of this section disablement benefit in the
form of a gratuity is to be treated as benefit for the period
taken into account by the assessment of the extent of the
disablement in respect of which it is payable.]

LAW REFORM (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1948 -
SECT 4
Operation of Act and saving for Maritime Conventions Act, 1911.

4.(1) Sections one, two and sub-section (1) of section three of
this Act shall apply only where the cause of action accrues after
the passing of this Act; but sub-sections (4) and (5) of the said
section three shall apply whether the cause of action accrued or
the proceedings were commenced before or after such passing.

(2) Section two of this Act shall not apply to any case to which
section one of the Maritime Conventions Act, 1911, applies.

LAW REFORM (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1948 -
SECT 5
Application to Crown.

5.(1) Sections one and three of this Act shall bind the Crown as
from the day on which the Crown Proceedings Act, 1947, is, by
virtue of an Order in Council made under section fifty-three of the
last-mentioned Act, extended to Northern Ireland.

(2) So much of sections four and six of this Act as relates to
the said sections one and three shall bind the Crown as from the
day referred to in the preceding sub-section, so, however, that in
relation to proceedings against the Crown the references in
sub-section (1) of the said section four to the passing of this
Act shall be construed as references to the said day.

LAW REFORM (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1948 -
SECT 6
Interpretation.

6.(1) In this Act the following expressions have the meanings hereby
respectively assigned to them, that is to say

"court" means, in relation to any claim, the court or arbitrator by
or before whom the claim falls to be determined;

"damage" includes loss of life and personal injury;

Definition rep. by 1977 NI18 art.8(2) sch.2

"fault" means negligence, breach of statutory duty or other act or
omission which gives rise to a liability in tort or would, but for
this Act, give rise to the defence of contributory negligence;

"personal injury" includes any disease and any impairment of a
person's physical or mental condition, and the expression "injured"
shall be construed accordingly.

Subs.(2)(3) rep. by 1954 c.33 (NI) s.48(1) sch.

LAW REFORM (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1948 -
SECT 7
Short title.

7. This Act may be cited as the Law Reform (Miscellaneous
Provisions) Act (Northern Ireland), 1948.