PART 22 PART 22 — Damages
186. Award for provisional damages(1) In this Rule "award for provisional damages" means an award of damages for personal injuries under which damages are assessed on the assumption referred to in section 35 of the Regulations that the injured person will not develop the disease or suffer the deterioration, and the injured person is entitled to apply for further damages at a future date if he develops the disease or suffers the deterioration.(2) The Court may make an order for an award of provisional damages if the particulars of claim include a claim for provisional damages; and the Court is satisfied that section 35 of the Regulations applies.(3) An order for an award of provisional damages must specify the disease or type of deterioration in respect of which an application may be made at a future date and must specify the period within which or the date from which such an application can be made.(4) An order under paragraph (2) 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, or a different date from which, a subsequent application may be made.
Amended on June 1, 2017
187. Application for further damages(1) The claimant may not make an application for further damages after the end of the period specified under paragraph (3) of Rule 186, or such period as extended by the Court under paragraph (4) of that Rule.(2) Only one application for further damages may be made in respect of each disease or type of deterioration specified in the award of provisional damages.
188. Periodical Payments(1) This Section of this Part contains rules about the exercise of the Court's powers under section 51 of the Regulations to order that all or part of an award for damages in respect of personal injury is to take the form of periodical payments.(2) "Damages" in paragraph (1) means damages for future pecuniary loss and "periodical payments" means periodical payments under section 51 of the Regulations.(3) A relevant practice direction may set out additional matters to be contained in a party's statement of case in a claim for damages for personal injury.
189. Factors to be taken into account(1) When considering whether to make an order under section 51 of the Regulations, the Court shall have regard to all the circumstances of the case and, in particular, the form of award which best meets the claimant's needs, having regard to the factors set out in the relevant practice direction.(2) Where the Court awards damages in the form of periodical payments, the order must specify the matters set out in the relevant practice direction.(3) Where, under section 51 of the Regulations, the Court is satisfied that special circumstances makes an assignment or change of periodical payments necessary, it shall, in deciding whether or not to approve the assignment or charge, also have regard to the factors set out in the relevant practice direction.