


Since the Damages Act 1996 was amended in 2005, the Court has 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.
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When considering Periodical Payments, we have built our reputation acting for both 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. 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. We offer vital added value to the 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 team 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. For more advice and information on Periodical Payments and how we can provide assistance please contact us, or download our Periodical Payments brochure in the Library section of this website. Click here to download our 'Periodical Payments' brochure.Click here visit our library for relevant articles and information about Periodical Payments |