Interim payments, periodical payments and provisional damages

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Practice notes

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Low Velocity Impact RTAs—in detail

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Precedents

Claim against a defendant driver’s insurers holding them liable under section 151 of the Road Traffic Act 1988

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Practice notes

Future loss of earnings—personal injury claims

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Practice notes

Misfeasance in public office

The tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only available against public...

9th Nov

Practice notes

Applying for an interim payment order in personal injury claims

Timing and procedureA claimant can apply for an interim payment order after the end of the period for filing an acknowledgment of service.See Practice...

Produced in partnership with Andrew Wilson 9th Nov

Practice notes

Drafting counter schedules of loss in PI and clinical negligence claims

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Practice notes

Fixed costs in road traffic accident claims

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Practice notes

The court’s power to extend the time limit—section 33 of the Limitation Act 1980

The Limitation Act 1980 is referred to as LA 1980.The power to disapply the primary limitation periodWhen dealing with personal injury claims that...

9th Nov

Most recent Interim payments, periodical payments and provisional damages content

Practice notes

Requirements for a personal injury periodical payments order

SecurityIn cases of lump sum only awards, the security of payment will not be a concern to the claimant once the damages and costs awards have been...

Produced in partnership with Andrew Wilson 25th Nov

Practice notes

Applying for an interim payment order in personal injury claims

Timing and procedureA claimant can apply for an interim payment order after the end of the period for filing an acknowledgment of service.See Practice...

Produced in partnership with Andrew Wilson 19th Oct

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.

An interim payment is a payment made by a defendant on account of a claimant's monetary claim before the court has made a final determination on the...

28th Sep

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?

This is an area in which developments tend to be by way of trends rather than progressive court authorities since Periodical Payment Order (PPO) cases...

Produced in partnership with Peter Edwards of Devereux Chambers 28th Sep

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?

Serving court proceedingsCourt proceedings must be served within a set period of time. Serious consequences can arise in failing to serve court...

28th Sep

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?

Any interim payment ought to be made directly to the deputy. Before doing so, the approval of the Court must be obtained.Capacity, protected parties...

Produced in partnership with David Peters 28th Sep

Q&As

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 considers the issue of whether interest is payable on the late payment of a court ordered interim...

Produced in partnership with Peter Edwards of Devereux Chambers 28th Sep

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?

It is important to establish the assets of a trust as when assessing capital for means tested benefits and care in a residential setting, ‘a payment...

28th Sep

Practice notes

Variable periodical payments orders in personal injury claims

Fixed or variable ordersThe court may provide for fixed variations to take effect at appointed times in the future without further order. The court...

26th Sep

Practice notes

Periodical payments orders in personal injury claims

Background and frameworkIntroductionIn the vast majority of personal injury and clinical negligence cases, where the court makes an award of damages...

26th Sep

Precedents

Periodical payments order

CLAIM No.___________IN THE HIGH COURT OF JUSTICEQUEEN’S BENCH DIVISIONParties1X Y(by her litigation friend A C)Claimantand2R BFirst Defendantand3C...

26th Sep

Practice notes

Provisional damages

Background and frameworkPurpose of a provisional damages awardWhen the court makes a once and for all lump sum award, it is designed to cover both...

26th Sep

Practice notes

Procedure for applying for provisional damages

The initial application for provisional damagesIf a claimant wishes to apply for provisional damages, it is necessary to formally plead this in the...

26th Sep

Practice notes

Interim payments in personal injury claims

IntroductionBackground and entitlementOften an injured claimant, particularly a seriously injured one, will need funds well in advance of the final...

26th Sep