Civil Liability Act 2002

The amendment to section 3B(1)(a) made by the amending Act extends to civil liability arising, and any award of damages in respect of such civil liability made, before the commencement of that amendment.

For the avoidance of doubt, any reference to “civil liability in respect of an intentional act that is done with intent to cause injury or death or that is sexual assault or other sexual misconduct” in section 3B(1)(a) before the commencement of this clause is taken to read (and always to have read) “civil liability of a person in respect of an intentional act that is done by the person with intent to cause injury or death or that is sexual assault or other sexual misconduct committed by the person”.

The provisions of this Schedule that apply to section 3B(1)(a) apply to that paragraph as if it read (and always had read) as provided by subclause (2).

This clause does not affect any final determination of legal proceedings made by a court or tribunal before the commencement of this clause.

Despite subclause (4), this clause does apply for the purpose of the application of Division 6 of Part 2A to an award of damages made against a protected defendant before the commencement of this clause (even if any proceedings resulting in or in respect of that award were finally determined before that commencement). This clause does not apply for that purpose if the award has been wholly or partly satisfied (before or after the commencement of this clause) by payment to or at the direction of the person to whom the damages were awarded.