header-logo header-logo

Getting personal

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

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

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
In this week's NLJ, Steven Ball of Red Lion Chambers unpacks how advances in forensic science finally unmasked Ryland Headley, jailed in 2025 for the 1967 rape and murder of 75-year-old Louisa Dunne. Preserved swabs and palm prints lay dormant for decades until DNA-17 profiling produced a billion-to-one match
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
back-to-top-scroll