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Periodical payments in practice – Emily Formby sets out some hints and tips for the early stages of proceedings

31 March 2006

Since 1 April 2005, all practitioners settling claims involving future loss have had to consider a periodical payments order. In some cases, the court has considered and imposed a payment – with or without the parties’ consideration or consent.

While variation orders will only apply to claims commenced after 1 April 2005, periodical payments have now been a part of practice for nearly a year.

Outline

This article does not try to cover the principles behind periodical payments and Orders, which have been addressed in many articles written on the subject. Nor does it replace a thorough reading of the Courts Act 2003, the Damages Act 1996 nor the Department of Constitutional Affairs Guidance Note, nor, perhaps most importantly, CPR 41. What it does aim to do is consider some of the practical aspects of periodical payments, or claims where periodical payments may form part of the damages sum, particularly in the early stages of proceedings – plea...

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