Damages

1) This Section of this Part applies to proceedings to which SCA s.32A or CCA s.51 applies.

(2) In this Section –

(a) ‘SCA s.32A’ means section 32A of the Supreme Court Act 19811;

(b) ‘CCA s.51’ means section 51 of the County Courts Act 19842; and

(c) ‘award of provisional damages’ means an award of damages for personal injuries under which –

(i) damages are assessed on the assumption referred to in SCA s.32A or CCA s.51 that the injured person will not develop the disease or suffer the deterioration; and

(ii) the injured person is entitled to apply for further damages at a future date if he develops the disease or suffers the deterioration.

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Order for an award of provisional damages

41.2

(1) The court may make an order for an award of provisional damages if –

(a) the particulars of claim include a claim for provisional damages; and

(b) the court is satisfied that SCA s.32A or CCA s.51 applies.

(Rule 16.4(1)(d) sets out what must be included in the particulars of claim where the claimant is claiming provisional damages)

(2) An order for an award of provisional damages –

(a) must specify the disease or type of deterioration in respect of which an application may be made at a future date;

(b) must specify the period within which such an application may be made; and

(c) may be made in respect of more than one disease or type of deterioration and may, in respect of each disease or type of deterioration, specify a different period within which a subsequent application may be made.