GLOSSARY

Provisional damages definition

What does Provisional damages mean?

When the claimant's prognosis is uncertain, the court has the power to award provisional damages to avoid injustice to either of the parties. Then, if the claimant’s medical condition substantially deteriorates or improves, the court can revisit the general damages award.

Dispute Resolution

Provisional damages, in a claim for personal injuries, may be awarded where it is proved or admitted that there is a chance that the claimant will, as a result of the wrong done, develop some serious disease or suffer some serious deterioration in his physical or mental condition.
Damages are assessed on the basis that the future incidence will not occur; but the claimant may apply for further damages in the future if the incidence does occur. Awards of provisional damages are governed by CPR Rule 41 and Practice Direction 41.

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