Interim payments, periodical payments and provisional damages

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Practice notes
This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and Courts Act 2015 (CJCA 2015) and the...
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9th Nov
Practice notes
What is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
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Produced in partnership with Andrew Wilson 9th Nov
Practice notes
Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
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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
General principlesAs a general rule, a claimant must give credit for any financial gains they make that they have received as a result of their...
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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%. The new discount rate came into effect on 5...
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Produced in partnership with Andrew Wilson 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 9th Nov
Practice notes
Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...
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Produced in partnership with Ian Huckstepp of IRH Solicitors 9th Nov
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
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
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 9th Nov
Practice notes
NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5...
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Produced in partnership with Louise Thomson 9th Nov
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
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 25th Nov
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 19th Oct
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 28th Sep
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 28th Sep
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 28th Sep
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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28th Sep
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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26th Sep
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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26th Sep
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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26th Sep
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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26th Sep
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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26th Sep
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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26th Sep

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