Court Proceedings (Delays) Act 2024
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Bar on proceedings for further compensation | ||
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34. (1) Where an assessment becomes binding in accordance with section 21 (1), a confirmation by an applicant in accordance with section 18 (1)(b) that he or she accepts an assessment of an Assessor shall constitute— | ||
(a) full compensation of the applicant’s claim for a breach of his or her right, in respect of the relevant proceedings concerned, under section 11 (1), and | ||
(b) an agreement by the applicant— | ||
(i) not to institute any proceedings, and | ||
(ii) to discontinue any other proceedings instituted by him or her, | ||
against the State or a relevant authority arising from a claim that the relevant proceedings concerned were not concluded within a reasonable time. | ||
(2) The right enjoyed by a person under section 11 (1) shall, in respect of the proceedings to which that section applies, have effect in the place of the person’s common law right to trial with reasonable expedition. | ||
(3) Where the Circuit Court in an application under section 24 makes a decision under subsection (6) of that section, the applicant concerned shall— | ||
(a) no longer have any right of action that he or she would otherwise have had against the State or any relevant authority arising from a claim that the relevant proceedings concerned were not concluded within a reasonable time, and | ||
(b) discontinue any other proceedings instituted by him or her against the State or a relevant authority arising from a claim that the relevant proceedings concerned were not concluded within a reasonable time. | ||
(4) No proceedings, other than those provided for under this Act, may be brought in respect of an alleged breach of the right under section 11 (1). |