Interim payments, periodical payments and provisional damages

Q&As

Is there any case law on an Article 75 insurer’s ability to avoid its liability to meet a judgment in circumstances where the claimant was travelling in a stolen vehicle? The claim made is not against the insurer of the vehicle the claimant was a passenger in but against another vehicle of which the insurers have Article 75 status.

Article 75 is an agreement between the Motor Insurers’ Bureau (the MIB) and its members under which the motor insurer will accept liability in certain...

Produced in partnership with Jamie Gamble of No5 Barristers Chambers 19th May

Practice notes

Credit hire—an introduction

Credit hire—an introductionReplacement vehicles and hire generallyWhere a driver’s vehicle has suffered damage in an accident sufficient for it to...

Produced in partnership with Andrew Wilson 19th May

Practice notes

Was the damage foreseeable?

Was the damage foreseeable?The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach...

19th May

Practice notes

Psychiatric injury—primary victims

Psychiatric injury—primary victimsDefining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident...

19th May

Practice notes

The employer’s duty of care

The employer’s duty of careOverriding dutiesAt common law, an employer is under a duty to take reasonable care of the health and safety of its...

19th May

Practice notes

Vicarious liability in the course of employment—the close connection test

Vicarious liability in the course of employment—the close connection testTo identify the circumstances in which a court may find an employer to be...

Produced in partnership with Andrew Wilson 19th May

Practice notes

Interest on general damages, special damages and judgment debt

Interest on general damages, special damages and judgment debtInterest on general damagesEntitlementA claimant is entitled to simple interest at a...

19th May

Practice notes

Bringing a claim against a public authority in negligence—basis of duty

Bringing a claim against a public authority in negligence—basis of dutyWhen will a public authority owe a duty of care?The Supreme Court considered...

19th May

Practice notes

Untraced drivers and the role of the MIB—for accidents occurring on or after 1 March 2017

Untraced drivers and the role of the MIB—for accidents occurring on or after 1 March 2017NOTE: For accidents after 1 March 2017 the Motor Insurers'...

19th May

Practice notes

Quantifying damages for the estate under the Law Reform Act

Quantifying damages for the estate under the Law Reform ActWhat can be claimed by the estate under the Law Reform (Miscellaneous Provisions) Act...

19th May

Precedents

Schedule of special damages—serious injury multi track

[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[INSERT LOCATION] DISTRICT REGISTRY]Claim No:Between[Insert...

19th May

Practice notes

Psychiatric injury—secondary victims

Psychiatric injury—secondary victimsWhat is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the...

Produced in partnership with Andrew Wilson 19th May

Practice notes

Drafting counter schedules of loss in PI and clinical negligence claims

Drafting counter schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount...

Produced in partnership with Louise Thomson 19th May

Practice notes

Low Velocity Impact RTAs—in detail

Low Velocity Impact RTAs—in detailIntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and...

Produced in partnership with Andrew Wilson 19th May

Practice notes

Military claims

Military claimsBackgroundIt is helpful to put the law relating to military claims into historical context.Until 1987, section 10 of the Crown...

19th May

Practice notes

Fixed costs in road traffic accident claims

Fixed costs in road traffic accident claimsPre-Action Protocol for Low Value Personal Injury Claims in Road Traffic AccidentsThe protocol applies to...

19th May

Practice notes

Applying for an interim payment order in personal injury claims

Applying for an interim payment order in personal injury claimsTiming and procedureA claimant can apply for an interim payment order after the end of...

Produced in partnership with Andrew Wilson 31st Jul

Q&As

Can a solicitor ask for payment of interest on the late payment of a court-ordered interim payment?

Can a solicitor ask for payment of interest on the late payment of a court-ordered interim payment?We have not been able to find any authority which...

Produced in partnership with Peter Edwards of Devereux Chambers 31st Jul

Q&As

Have there been any recent developments in the assessment of periodical payments and specifically what has been the approach to indexation of these types of award?

Have there been any recent developments in the assessment of periodical payments and specifically what has been the approach to indexation of these...

Produced in partnership with Peter Edwards of Devereux Chambers 31st Jul

Q&As

If a claimant has spent their interim payment money on purchasing a house within the 52-week disregard, can the house later be transferred into a Personal Injury Trust set up after the initial 52-week period?

If a claimant has spent their interim payment money on purchasing a house within the 52-week disregard, can the house later be transferred into a...

31st Jul

Practice notes

Variable periodical payments orders in personal injury claims

Variable periodical payments orders in personal injury claimsFixed or variable ordersThe court may provide for fixed variations to take effect at...

Produced in partnership with Andrew Wilson 31st Jul

Practice notes

Procedure for applying for provisional damages

Procedure for applying for provisional damagesThe initial application for provisional damagesIf a claimant wishes to apply for provisional damages, it...

Produced in partnership with Andrew Wilson 31st Jul

Practice notes

Introduction to interim payments in personal injury claims

Introduction to interim payments in personal injury claimsFor guidance on applying for an interim payment including the time limits and procedure and...

Produced in partnership with Andrew Wilson 31st Jul

Practice notes

Periodical payments orders in personal injury claims

Periodical payments orders in personal injury claimsBackground and frameworkIntroductionIn the vast majority of personal injury and clinical...

Produced in partnership with Andrew Wilson 31st Jul

Practice notes

Provisional damages

Provisional damagesBackground and frameworkPurpose of a provisional damages awardWhen the court makes a once and for all lump sum award, it is...

Produced in partnership with Andrew Wilson 31st Jul

Q&As

In a claim where liability was admitted and a client received a £3,000 interim payment, is there any obligation for that interim payment to be repaid to the defendant's insurers in circumstances where the client is not proceeding? The client has not responded and I am preparing to close their file on that basis.

In a claim where liability was admitted and a client received a £3,000 interim payment, is there any obligation for that interim payment to be repaid...

31st Jul

Q&As

In an asbestos case where proceedings have been issued but not served, we now wish to settle on a provisional basis. The particulars allow for a provisional settlement. Is there any guidance on the best way to proceed to settlement? Should we make an application to the court attaching the particulars and a draft consent order and seeking the court's approval of the order or should we serve the particulars and then just send a draft consent order to the court for approval later?

In an asbestos case where proceedings have been issued but not served, we now wish to settle on a provisional basis. The particulars allow for a...

31st Jul

Q&As

Where a claimant in proceedings (which have settled) lacks capacity and a deputy has been appointed, can an interim sum be paid direct to the deputy or should it be paid into the Court Funds Office?

Where a claimant in proceedings (which have settled) lacks capacity and a deputy has been appointed, can an interim sum be paid direct to the deputy...

Produced in partnership with David Peters 31st Jul

Practice notes

Requirements for a personal injury periodical payments order

Requirements for a personal injury periodical payments orderSecurityIn cases of lump sum only awards, the security of payment will not be a concern to...

Produced in partnership with Andrew Wilson 31st Jul

Precedents

Periodical payments order

Periodical payments orderSTOP PRESS: This Precedent is currently being reviewed as part of our quality control processes so that we can undertake...

30th Jul

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