header-logo header-logo

20 April 2007 / Nicholas Bevan
Issue: 7269 / Categories: Features , Personal injury , Constitutional law
printer mail-detail

Getting personal

Nicholas Bevan considers the treatment of personal injury claims in the final article of the 44th update to the CPR

From April 2005, under the Damages Act 1996 (DA 1996), s 2(1) the courts have had the power to order, in any personal injury case that includes a claim for future pecuniary loss, that the compensation be awarded in the form of periodical payments; as opposed to a capitalised lump sum. Furthermore, a court must consider whether to exercise this power when making an award for such loss. The procedure relevant to periodical payments is governed by r 41(4) to (10).

PERIODICAL PAYMENTS

Rule 36 was first modified to accommodate this power by the insertion of a new r 36.2A together with a number of ancillary amendments that implemented the new periodical payments regime. These provisions are largely copied over into the completely redrafted CPR Pt 36, which has been in force since 6 April 2007, and survive as r 36.5. The amendments themselves and the Department for Constitutional Affairs (DCA) guidelines make it

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

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll