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Further powers of Superior Courts Rules Committee and Circuit Court Rules Committee.
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45.—(1) Notwithstanding any enactment or rule of law by virtue of which documents prepared for the purpose of pending or contemplated civil proceedings (or in connection with the obtaining or giving of legal advice) are in certain circumstances privileged from disclosure, the Superior Courts Rules Committee, or the Circuit Court Rules Committee as the case may be, may, with the concurrence of the Minister, make rules—
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(a) requiring any party to a High Court or Circuit Court personal injuries action, to disclose to the other party or parties, without the necessity of any application to court by either party to allow such disclosure, by such time or date as may be specified in the rules, the following information, namely—
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(i) any report or statement from any expert intended to be called to give evidence of medical or para-medical opinion in relation to an issue in the case;
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(ii) any report or statement from any other expert of the evidence intended to be given by that expert in relation to an issue in the case;
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(iii) the names and addresses of all witnesses intended to be called to give evidence as to facts in the case;
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(iv) a full statement of all items of special damage together with appropriate vouchers, or statements from witnesses by whose evidence such loss would be proved in the action;
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(v) a written statement from the Department of Social Welfare showing all payments made to a plaintiff subsequent to an accident or an authorisation from the plaintiff to the defendant to apply for such information; and
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(vi) such other relevant information or documentation (as may be provided for by rules of court) so as to facilitate the trial of such personal injuries actions;
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(b) providing for the imposition by the High Court, or the Circuit Court as the case may be, of a sanction for non-compliance with a requirement under paragraph (a) of this subsection including termination of an action, prohibition on a party from adducing such evidence as has not been disclosed without leave of the court, and penalties as to award of costs.
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(2) Rules of court made for the purposes of this section may make different provisions for different classes of cases.
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(3) References in this section to an expert report or to a report of statements from an expert are references to evidence in whatever form or a written report by a person dealing wholly or mainly with matters on which that person is qualified to give expert evidence.
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(4) Notwithstanding the rule of law against the admission of hearsay evidence and the privilege attached to documents prepared for the purpose of pending or contemplated civil proceedings the Superior Courts Rules Committee or the Circuit Court Rules Committee may, with the concurrence of the Minister, make rules allowing for the admission in evidence in personal injuries actions in the High Court or the Circuit Court of information, documentation, reports or statements disclosed pursuant to subsection (1) of this section, subject to such conditions and procedures as may be necessary to protect the interests of the parties.
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