|
|
Bringing of proceedings.
|
10.—(1) Proceedings in the High Court, Circuit Court or District Court, in respect of a personal injuries action, shall be commenced by a summons to be known as and referred to in this Act as a “personal injuries summons”.
|
|
| |
(2) A personal injuries summons shall specify—
|
|
| |
(a) the plaintiff's name, the address at which he or she ordinarily resides and his or her occupation,
|
|
| |
(b) the personal public service number allocated and issued to the plaintiff under section 223 (inserted by section 14 of the Act of 1998) of the Act of 1993,
|
|
| |
(c) the defendant's name, the address at which he or she ordinarily resides (if known to the plaintiff) and his or her occupation (if known to the plaintiff),
|
|
| |
(d) the injuries to the plaintiff alleged to have been occasioned by the wrong of the defendant,
|
|
| |
(e) full particulars of all items of special damage in respect of which the plaintiff is making a claim,
|
|
| |
(f) full particulars of the acts of the defendant constituting the said wrong and the circumstances relating to the commission of the said wrong,
|
|
| |
(g) full particulars of each instance of negligence by the defendant.
|
|
| |
(3) Where a plaintiff fails to comply with this section—
|
|
| |
(a) the court may—
|
|
| |
(i) direct that the action shall not proceed any further until the plaintiff complies with such conditions as the court may specify, or
|
|
| |
(ii) where it considers that the interests of justice so require, dismiss the plaintiff's action,
|
|
| |
and
|
|
| |
(b) the court shall take such failure into account when deciding whether to make an order as to the payment of the costs of the personal injuries action concerned, or the amount of such costs.
|
|
| |
(4) Where a plaintiff fails to comply with this section, the court hearing the personal injuries action concerned may draw such inferences from the failure as appear proper.
|
