In personal injury cases, continuing regular payments of all or part of damages rather than a lump sum only.

This Precedent should be read in conjunction with the Schedule to the Order: Appendix one: the revised model order: Butterworths Personal Injury Litigation Service [1435]–[1436]. CLAIM No.___________ IN THE HIGH COURT OF JUSTICE [[SPECIFY DIVISION]] [[INSERT LOCATION] DISTRICT REGISTRY] Parties 1 X Y (by her litigation friend A C) Claimant and 2 R B First Defendant and 3 C D Second Defendant _____________________ FINAL ORDER _____________________ BEFORE The Honourable Mrs Justice [________] sitting at the Royal Courts of Justice on [_______]. UPON hearing Counsel for the Claimant and Counsel for the Defendants. WHEREAS the Claimant has made a claim (the Claim) against the Defendants for personal injuries suffered by him arising out of the Defendants’ negligence on [___________]. AND WHEREAS the Claimant is a protected party and brings the Claim by her Litigation Friend, [___________]. AND WHEREAS the First and Second Defendants have each admitted liability to the Claimant on a joint and several basis. AND WHEREAS the First Defendant’s insurer, [________________], and the Second Defendant’s insurer, [______________] collectively ‘the Defence Insurers’, shall be responsible for and make periodical payments set out in the Schedule to this Order for the benefit of the Claimant subject to their indemnity

Background and framework In the vast majority of personal injury and clinical negligence cases, where the court makes an award of damages, that award will be made in the form of an immediate payment of a lump sum directly to the claimant. However, in any personal injury or clinical negligence case in which the court is making an award relating to future pecuniary loss, it may order that the damages take the form, whether wholly or partly, of periodical payments. Indeed, the court must in such a case consider whether to make such an order. The Damages Act 1996 (DA 1996) empowers the court in personal injury proceedings to make a periodical payments order (PPO), a lump sum award or a combination of the two. By virtue of DA 1996, s 7(1), 'personal injury' includes any disease or any impairment of the claimant’s physical or mental condition and a claim for personal injury includes a reference to a claim brought under the Law Reform (Miscellaneous Provisions) Act 1934 and to a claim brought under the

This Practice Note provides guidance on drafting the terms of a periodical payments order (also known as maintenance), including the financial remedy order issued as part of the standard orders project. It considers frequency, methods of payment, and length of payment, together with index linking. It also explains the court’s powers to make secured periodical payments orders, including what is an appropriate form of security and how to give effect to such an order. Care should be taken when drafting the terms of a periodical payments order to ensure that it reflects either the agreement reached or the judgment of the court. The Precedent: Standard order 2.1—financial remedy order, including periodical payments orders, has been issued by the President of the Family Division, the use of which is not obligatory but is strongly encouraged. For further guidance on the standard orders project generally, see Practice Note: Standard orders—general principles. See also Practice Notes: General principles of consent orders and Drafting the terms of a financial consent order. Key considerations The following are important issues to address in the

A means of payment order (MPO) is an order requiring the payer of a 'qualifying periodical maintenance order' to make payments by a particular method or an order that an attachment of earnings order (AEO) be made. This provides the receiving party with a degree of certainty as to how and when payments will be made, even more so where an AEO is made. A MPO also encompasses an order that payments under the order in question be made to the court (including by a particular method) or in accordance with arrangements made under section 30 of the Child Support Act 1991 (CSA 1991). These latter powers may only be exercised by the Family Court. Qualifying periodical maintenance order A qualifying maintenance order is a maintenance order made by the High Court or the Family Court that requires one party to make periodical payments to another and that is made while the paying party is ordinarily resident in England and Wales. This includes an order for interim maintenance or an order that has been discharged if there

This Practice Note provides guidance on the power of the court to vary periodical payments (maintenance) orders, including a review of the court’s approach to such applications and the factors it will consider. It also considers when to apply for a variation and sets out the circumstances in which an application may be made for repayment of periodical payments, including where the payee remarries or forms a subsequent civil partnership or on the death of the payer. The court’s power to vary financial orders is set out in section 31 of the Matrimonial Causes Act 1973 (MCA 1973) and in Schedule 5 to the Civil Partnership Act 2004 (CPA 2004), specifically CPA 2004, Sch 5 Pt 11. On an application for variation, the court is not required to consider the matter de novo (from the beginning), rather it must conduct an exercise that is proportionate to the requirements of the case. Court's powers to vary The court has a range of powers relating to variation of orders other than periodical payments orders, see Practice Note: Variation

This Practice Note explains the procedure on an application to vary a periodical payments (maintenance) order. It considers the court’s powers to capitalise periodical payments on an application to vary, the fast-track (shortened) financial remedy procedure under the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, and the requirement to attend a mediation information and assessment meeting (MIAM). It also explains the procedure on an application for a direction that the standard procedure for a financial remedy should apply instead of the fast-track (shortened) procedure. The fast-track (shortened) procedure applies to an application for the variation of a periodical payments order only. On any other type of application for a variation, the standard procedure will apply. On an application for variation of an order for periodical payments where the applicant seeks the dismissal (immediate or otherwise) of the periodical payments order and its substitution with one or more of a: • lump sum order • property adjustment order • pension sharing order, or • pension compensation sharing order (ie an order capitalising periodical payments) the standard procedure

Perjury in judicial proceedings The offence of perjury is triable only on indictment and carries a maximum penalty of seven years and/or a fine. The elements of the offence are: • being a lawfully sworn witness or interpreter • in judicial proceedings • wilfully making a material statement which is false, and • knowing that it is false or not believing it to be true Aiding, abetting or inciting an offence of perjury contrary to section 1 of the Perjury Act 1911 (PeA 1911) is also an indictable offence. If the principal offence is a lesser charge that is triable either way, the maximum sentence on indictment is two years’ imprisonment and/or a fine, or when tried summarily, the maximum penalty is an unlimited fine and/or a term of imprisonment not exceeding the general limit in a magistrates’ court (or both). See Practice Note: Sentences imposed following conviction—General limits on magistrates’ courts powers to impose custodial sentences following conviction. Lawfully sworn The defendant must have been sworn in lawfully by a court or tribunal empowered to administer oaths.

ARCHIVED: This Practice Note has been archived and is not maintained. Which licence is required? If the performance of live music is regulated entertainment (considering all of the conditions and exemptions detailed in Practice Note: Assessing whether a licence is required for licensing for live music events [Archived]), it is a licensable activity and a qualifying club activity under the Licensing Act 2003 (LA 2003). A licensable activity, including any performance of live music, may only be carried on under and in accordance with a premises licence (see Practice Note: Licensing of alcohol and entertainment), or under a temporary event notice (TEN). See Practice Note: Temporary Event Notices (TENs). Similarly, a qualifying club activity may only be carried on under and in accordance with a club premises certificate. Permanent approvals Premises licences and club premises certificates are issued by the local authority for the area in which the premises where the licensable activity takes place is situated and cover

Permanent endowment means, in relation to any charity, property held subject to a restriction on its being expended for the purposes of the charity (Charities Act 2011, s 353(3)).

Generally, for the purposes of the Corporation Tax Acts 2010 (CTA 2010) a company has a permanent establishment in a territory if, and only if, (1) it has a fixed place of business there through which the business of the company is wholly or partly carried on, or (2) an agent acting on behalf of the company has and habitually exercises there authority to do business on behalf of the company (CTA 2010, s 1141).

Right to reside permanently (without limitation of time) in the United Kingdom in accordance with Immigration (European Economic Area) Regulations 2006, SI 2006/1003.