Periodical Payment Overview 

Since the Damages Act 1996 was amended in 2005, the Court has had the power to Order future pecuniary losses to be paid by way of periodical payments, whether wholly or in part, if that approach is found to be in the best interests of the claimant.

At Nestor Partnership, we have built our reputation acting for claimants and defendants in high value claims.  Our team is highly experienced, and we are proud of the client-friendly professionalism we bring to our work. 

During a recent 12-month period, we were instructed to provide over 70 expert witness reports from over 50 legal firms.  The total conventional value of these cases was in excess of £200 million.

Our level of knowledge in such cases is unparalleled.  We have been at the forefront of developing case law and we have invested in systems that allow us consistently to provide up-to-date advice.  We are considered a vital part of the team in securing the best possible financial solutions for the clients for whom we work.

Professional feedback on our periodical payments service is superb, but we are not complacent.  We strive always to improve our client communication and the quality of service we offer.

Proper consideration of periodical payments by the parties and the Court is prescribed by the CPR 41 and its Practice Direction. The Court must indicate as soon as possible whether periodical payments, a lump sum, or a mixture of both is the most appropriate form of damages. Statements of case, financial advice received by the claimant, reasoned preferences of the parties and guidance contained in the Practice Direction all inform the Court's view.

Claimants, and often Defendants, need help in analysing the most appropriate form of award, making settlement offers, or putting together appropriate counter offers.  Simple knowledge of the legislative framework by the Independent Financial Adviser does not suffice in these situations.  Far better to have an expert IFA who anticipates and understands the driving factors underlying the other side’s motivations.  Nestor Partnership offers vital added value to their instructing legal team in this regard.

Periodical payments are far from straightforward, and they do not necessarily offer the best solution in every claim.  With Nestor Partnership, you can be confident of our proficiency in this specialist area. 

Advice is available from our specialist Periodical Payment Expert partners at any stage.  We understand that tight turnarounds are often required; we are prepared to deliver.  We are happy to discuss matters informally in order to provide guidance prior to accepting a formal instruction. 

Click here to download our 'Periodical Payments' brochure.

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