Civil Liability Act 2002

This section applies to a liability to which this Part applies in circumstances where—

the liability arises out of the death of, or injury or damage to, a person, and

that death, injury or damage occurred at the time of, or following, conduct of the person that, on the balance of probabilities, would have constituted a serious offence if the person had not had a mental health impairment or a cognitive impairment at the time of the conduct, and

that conduct contributed materially to the death, injury or damage or to the risk of death, injury or damage.

If a court awards damages in respect of a liability to which this section applies, the following limitations apply to that award—

no damages may be awarded for non-economic loss, and

no damages for economic loss may be awarded for loss of earnings.

A serious offence is an offence punishable by imprisonment for 6 months or more.

This section does not apply to an award of damages against a defendant if the conduct of the defendant that caused the death, injury or damage concerned—

constitutes an offence (whether or not a serious offence), or

would have constituted an offence (whether or not a serious offence) if the defendant had not had a mental health impairment or a cognitive impairment at the time of the conduct.

This section operates whether or not a person whose conduct is in issue was acquitted of an offence concerning that conduct by reason of mental health impairment or cognitive impairment or was found by a court not to be fit to be tried for an offence concerning that conduct by reason of such an impairment.