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51. Periodical payments

(1) In this section "damages" includes an interim payment which the Court orders a defendant to make to a claimant.
(2) Where the Court awards damages for future pecuniary loss in respect of personal injury, the Court —
(a) may order that the damages are wholly or partly to take the form of periodical payments; and
(b) shall consider whether to make that order.
(3) Where the Court awards other damages in respect of personal injury, it may, if the parties consent, order that the damages are wholly or partly to take the form of periodical payments.
(4) The Court may not make an order for periodical payments unless satisfied that the continuity of payment under the order is reasonably secure.
(5) An order for periodical payments may include provision —
(a) requiring the party responsible for the payments to use a method (selected or to be selected by him) under which the continuity of payment is reasonably secure;
(b) about how the payments are to be made, if not by a method under which the continuity of payment is reasonably secure;
(c) requiring the party responsible for the payments to take specified action to secure continuity of payment, where continuity is not reasonably secure;
(d) enabling a party to apply for a variation of provision included under paragraph (a), (b) or (c).
(6) Where a person has the right to receive payments under an order for periodical payments, or where an arrangement is entered into in satisfaction of an order which gives a person a right to receive periodical payments, that person's right under the order or arrangement may not be assigned or charged without the Court's permission and —
(a) the Court shall not approve an assignment or charge unless satisfied that special circumstances make it necessary; and
(b) a purported assignment or charge, or agreement to assign or charge, is void unless approved by the Court.
(7) Where an order is made for periodical payments, an alteration of the method by which the payments are made shall be treated as a breach of the order (whether or not the method was specified under subsection (5)(b)) unless the Court declares its satisfaction that the continuity of payment under the new method is reasonably secure.
(8) An order for periodical payments shall be treated as providing for the amount of payments to vary by reference to such price index, at such times, and in such a manner, as may be prescribed by or in accordance with court procedure rules.
(9) An order for periodical payments may include provision —
(a) disapplying subsection (8); or
(b) modifying the effect of subsection (8).
(10) Court procedure rules may require the Court to take specified circumstances into account in considering —
(a) whether to order periodical payments;
(b) the security of the continuity of payment;
(c) whether to approve an assignment or charge.
(11) This section does not alter any power exercisable apart from this section.