Interim payments, periodical payments and provisional damages

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Practice notes
Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...
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9th Nov
Practice notes
The nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability resulting from an injury,...
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9th Nov
Practice notes
The Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits within which claimants are entitled to bring claims of various...
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9th Nov
Practice notes
The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach of duty), and•that the...
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9th Nov
Practice notes
Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
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9th Nov
Practice notes
This case tracker considers case law in relation to qualified one-way costs shifting (QOCS) in order to provide some guidance on how the courts are...
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9th Nov
Practice notes
IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
DefinitionsFraudDefined in Derry v Peek as where it is shown that:'a false representation has been made (1) knowingly, or (2) without belief in its...
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Produced in partnership with Andrew Wilson 12th Jan
Precedents
Brexit: The UK’s departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
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9th Nov
Practice notes
Brexit: As of exit day (11 pm on 31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the...
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9th Nov
Practice notes
Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...
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9th Nov
Practice notes
NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25% from the previous level of minus 0.75%. The new...
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9th Nov
Practice notes
The tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only available against public...
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9th Nov
Practice notes
Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For offers made prior to this,...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Pre-action protocol for low value personal injury claims in road traffic accidentsThe protocol applies to all road traffic accident (RTA)...
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9th Nov
Practice notes
The Limitation Act 1980 is referred to as LA 1980.The power to disapply the primary limitation periodWhen dealing with personal injury claims that...
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9th Nov

Most recent Interim payments, periodical payments and provisional damages content

Practice notes
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...
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Produced in partnership with Andrew Wilson 9th Apr
Practice notes
Background and frameworkIntroductionIn the vast majority of personal injury and clinical negligence cases, where the court makes an award of damages...
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Produced in partnership with Andrew Wilson 9th Apr
Practice notes
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...
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Produced in partnership with Andrew Wilson 9th Apr
Practice notes
The initial application for provisional damagesIf a claimant wishes to apply for provisional damages, it is necessary to formally plead this in the...
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Produced in partnership with Andrew Wilson 9th Apr
Practice notes
Fixed or variable ordersThe court may provide for fixed variations to take effect at appointed times in the future without further order. The court...
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Produced in partnership with Andrew Wilson 9th Apr
Practice notes
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...
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Produced in partnership with Andrew Wilson 3rd Mar
Practice notes
IntroductionBackground and entitlementOften an injured claimant, particularly a seriously injured one, will need funds well in advance of the final...
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Produced in partnership with Andrew Wilson 3rd Mar
Q&As
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...
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Produced in partnership with David Peters 24th Feb
Q&As
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...
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Produced in partnership with Peter Edwards of Devereux Chambers 15th Feb
Q&As
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...
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15th Feb
Q&As
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...
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Produced in partnership with Peter Edwards of Devereux Chambers 8th Jan
Precedents
CLAIM No.___________IN THE HIGH COURT OF JUSTICEQUEEN’S BENCH DIVISIONParties1X Y(by her litigation friend A C)Claimantand2R BFirst Defendantand3C...
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7th Dec

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