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Civil Law (Wrongs) Act 2002
50Application—ch 5
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50 Application—ch 5
(1) This chapter applies to all claims for damages for personal injury,
including claims to which the Motor Accident Injuries Act 2019,
chapter 5 (Motor accident injuries—common law damages) applies.
(2) However, this chapter does not apply to—
(a) a claim for compensation under the Workers Compensation
Act 1951; or
(b) a claim for which—
(i) notice has been given by or for the claimant under the
Limitation Act 1985, section 30A (2) (Special provision for
injuries to children); and
(ii) notice has been given by a respondent under that Act,
section 30A (6).
(3) Also, this chapter does not apply to a claim for damages for personal
injury if a claim for compensation has been made under the Workers
Compensation Act 1951 in relation to the injury.
(4) Despite subsection (3), part 5.2 (Claims procedures) applies to a
claim for damages for personal injury, even though a claim for
compensation may have been made under the Workers Compensation
Act 1951 in relation to the injury, if—
(a) the Motor Accident Injuries Act 2019, chapter 5 applies to the
claim; or
(b) the claim is made against a person who is not an employer or
insurer in relation to the injury under the Workers Compensation
Act 1951, chapter 6 (Claims) even though it is also made against
such a person.