Civil Liability Act 2002

The amendments made by the 2007 amending Act to section 26A (the 26A amendments) extend to civil liability arising, and any award of damages in respect of such civil liability made, before the commencement of those amendments.

The 26A amendments do not affect any final determination of legal proceedings made by a court or tribunal before the commencement of those amendments.

Despite subclause (2), the 26A amendments do 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 those amendments (even if any proceedings resulting in or in respect of that award were finally determined before that commencement). The 26A amendments do not apply for that purpose if the award has been wholly or partly satisfied (before or after commencement of the amendments) by payment to or at the direction of the person to whom the damages were awarded.