Procedure for applying for provisional damages
Produced in partnership with Andrew Wilson
Procedure for applying for provisional damages

The following PI & Clinical Negligence practice note produced in partnership with Andrew Wilson provides comprehensive and up to date legal information covering:

  • Procedure for applying for provisional damages
  • The initial application for provisional damages
  • Assessment of provisional damages
  • Extending the time period
  • Applying for further damages

The initial application for provisional damages

If a claimant wishes to apply for provisional damages, it is necessary to formally plead this in the particulars of claim.

The statement of case should contain a statement of the application for provisional damages and identify the grounds for claiming the award.

Assessment of provisional damages

The court will first assess damages on the assumption that a deterioration will not arise, but provide that the claimant is entitled to make a further application fo

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