Timing and procedure A claimant can apply for an interim payment order after the end of the period for filing an acknowledgment of service. See Practice Note: After a...
Introduction Background and entitlement Often an injured claimant, particularly a seriously injured one, will need funds well in advance of the final resolution of their...
CLAIM No.___________ IN THE HIGH COURT OF JUSTICE QUEEN’S BENCH DIVISION Parties 1 X Y (by her litigation friend A C) Claimant and 2 R B First Defendant and 3 C D Second...
Background and framework Introduction In the vast majority of personal injury and clinical negligence cases, where the court makes an award of damages that award will be...
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....
Background and framework Purpose of a provisional damages award When the court makes a once and for all lump sum award, it is designed to cover both past and future...
Security In 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 paid. By contrast,...
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...