Periodical Payments The New Law

Author: Gordon Exall
Publisher: LexisNexis U.K.
ISBN: 9780853089827
Published In: July 2005
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

This special bulletin explains the law and procedure surrounding the implementation of the regime for periodical payments.

The power of the Courts to impose periodical payments was introduced in April 2005 by the Courts Act 2003. Periodical payments may be imposed in any case involving future loss, and has not been restricted to high value cases. The potential impact of these reforms is great, but how the courts will use this power is uncertain. However, all practitioners dealing with cases involving future loss must be ready to deal with periodical payments.

This special bulletin explains the law and procedure, and provides a sample pleading and schedule of damages, together with up-to-date versions of all relevant statutory materials.

Periodical Payments: The New Law, looks at the major issues surrounding the implementation of the regime for periodical payments, including:

how the legal basis for awarding damages has been affected
the procedural requirements for dealing with periodical payments including the provisions within Part 36
how orders may be varied and the procedure for applying for a variation of the order
security for the claimant's payments
income tax and state benefits

Each chapter is accompanied by one or more checklists setting out the major changes and requirements introduced by the Courts Act 2003. This special bulletin covers relevant websites dealing with periodical payments and is essential reading for all claimant and defendant personal injury lawyers, clinical negligence specialists, as well as insurance professionals.

Background
Law relating to periodical payments
The procedure relating to periodical payments
Ensuring security for the claimant
Variations of orders and settlements
Procedure for applications to vary
Income tax and state benefits
Practical considerations for claimants and defendants

Annex

Pleading a case for periodical payments
- The particulars of claim
- Periodical payments
- Responding to a claim for periodical payments in the defence
- The schedule of damages

Appendices

Legislation
- Courts Act 2003
- Income and Corporation Taxes Act 1988
- Damages (Variation of Periodical Payments) Order 2005
- Civil Procedure (Amendment No 3) Rules 2004
- Damages (Government and Health Service Bodies) Order 2005
- Social Security Amendment (Personal Injury Payments) Regulations 2002
- National Assistance (Assessment of Resources) (Amendment) (No 2) (England)
- Regulations 2002
- Courts Act 2003 (Commencement No 10) Order 2005
Further references

Gordon Exall, Barrister, Zenith Chambers, Leeds

He is a practising barrister specializing in personal injury law and procedural matters. He is the author of Personal Injury Litigation, the APIL Guide to Fatal Accidents (Jordans) and editor of Munkman on Damages