Variable periodical payments orders in personal injury claims
Produced in partnership with Andrew Wilson
Variable periodical payments orders in personal injury claims

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

  • Variable periodical payments orders in personal injury claims
  • Fixed or variable orders
  • Variable periodical payments and provisional damages
  • Form of the order
  • Application to vary

Variable periodical payments orders in personal injury claims

Fixed or variable orders

The court may provide for fixed variations to take effect at appointed times in the future without further order. The court may also make provision for variation in payments to be considered on further application. Only the latter type of order is referred to as a variable order; in the former it is the payments, rather than the order, that vary.

NOTE: the Explanatory Notes to the Ogden tables address an example of circumstances in which the fixed variations may be appropriate, namely where notional future earnings growth is to be brought into account or where residual earning capacity might be expected to change. There is no change directly relevant to the variable order.

A variable order may be made where, at the time of judgment, it is established that the claimant may later suffer a further serious disease or serious deterioration that could be caused by the injury, or, indeed, they may enjoy a significant improvement in their physical or mental condition. The contingency must be foreseen at the time of trial or settlement.

It is important to appreciate that an

Popular documents