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20 April 2007 / Nicholas Bevan
Issue: 7269 / Categories: Features , Personal injury , Constitutional law
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Getting personal

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 abundantly clear that periodical payments are not intended to be

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