header-logo header-logo

25 January 2007 / Nicholas Bevan
Issue: 7257 / Categories: Features
printer mail-detail

Future comfort

Periodical payments have come of age, says
Nicholas Bevan

Three recent High Court decisions have advanced the cause of the periodical payments compensatory mechanism under the Damages Act 1996 (DA 1996), as amended. After a faltering start, their use in personal injury claims involving future loss now seems assured.

First came Flora v Wakom (Heathrow) Ltd [2005] EWHC 2822 (QB), [2005] All ER (D) 117 (Dec), on a preliminary strike-out issue. Sir Michael Turner ruled that a statement of claim which sought periodical payments linked to an alternative index to the retail prices index (RPI) was not bound to fail unless the claimant could show exceptional circumstances. This was subsequently upheld by the Court of Appeal (see Flora v Wakom (Heathrow) Ltd [2006] EWCA Civ 1103, [2006] 4 All ER 982), which also gave guidance on the interpretation of DA 1996, s 2(8) and s 2(9).

The importance of the indexation issue to the success or failure of this measure was flagged up by Judge Turner and endorsed by Lord Justice Brooke on appeal: the periodical

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Fieldfisher—Will Sharp

Fieldfisher—Will Sharp

Fieldfisher boosts structured finance practice with appointment of Will Sharp

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke grows its life sciences team with new partner hires

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal expands corporate team with twonew appointments

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
back-to-top-scroll