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Version status: Repealed | Document consolidation status: As enacted, without amendments. Fully repealed.
Version date: 1 December 2005 - onwards
  Version 3 of 3    

75. Taking of benefit into account in assessing damages.

Repealed from 1 December 2005

(1) Notwithstanding section 2 of the Civil Liability (Amendment) Act, 1964, and section 236 of this Act, in an action for damages for personal injuries (including any such action 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, the value of any rights which have accrued or will probably accrue to him therefrom in respect of injury benefit (disregarding any right in respect of injury benefit payable by virtue of section 210, after the death of the injured person) or disablement benefit (disregarding any increase thereof under section 57 in respect of constant attendance) for the 5 years beginning with the time when the cause of action accrued.

(2) The reference in subsection (1) to assessing the damages for personal injuries shall, in cases where the damages otherwise recoverable are subject to reduction under the law rel

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