t. 0161 763 4800

The Courts Act & the CPR.

A totally new legislative framework was introduced in April 2005. This has had a major impact upon personal injury and clinical negligence litigation. The law now requires that in cases with future pecuniary loss, the Courts shall consider whether to award Periodical Payments in respect of those losses. Further, the Courts have the power to impose Periodical Payments on the parties at Trial.



Advanced Search



sign up for our e-newsletter
Text Resize: larger | reset | smaller

The Court shall have regard to all the circumstances of the case and in particular the form of award which best meets the Claimant’s needs, having regard to the factors set out in the practice direction. The factors which the court shall have regard to under rule 41.7 include:

  • The scale of the annual payments taking into account any deduction for contributory negligence;
  • The form of award preferred by the Claimant including –
          The reasons for the Claimant’s preference; and
          The nature of any financial advice received by the Claimant when considering the form of award; and
          The form of award preferred by the Defendant including the reasons for the Defendant’s preference.

Our specialist Partners are well-versed in dealing with the intricacies of such matters for Claimants and Defendants. Not only do we provide expert witness services, but we are considered by many legal practitioners to be an integral part of the team in achieving the best for their clients.

For further details about our Expert Periodical Payment advice service please contact us
 

You may be interested in....

investing damages accountancy services

Nestor Partnership LLP
Controlled House
Waterfold Business Park
Rochdale Road
Bury BL9 7BR
DX 20511 Bury

t. 0161 763 4800
f. 0161 763 4809

e. info@nestorpartnership.co.uk

Follow us on:
follow us on twitter
Add Nestor to your LinkedIn network