Damages - CPR 41

Question 1

Meaning of provisional damages?

Answer 1

Accounting for the risk that someone will get a future disease e.g. exposing someone to high doses of radiation = likely will get cancer. So in POC, you might be claiming for provisional damages for a future disease of cancer. In this case, you’d usually get an award now.

Question 2

Periodic payments - why periodic?

Answer 2

Because of the amount; usually in massive payouts. And if its due to loss of earnings, being paid periodically every month mimics being paid monthly for work. Can also be easier and suits the needs of the claimant to get paid periodically.

Question 3

Court is making award for periodic payments - what will you need to know?

Answer 3

Exactly how much, monthly/yearly, what date, how long it’ll be paid for e.g. 5 years or forever, amount awarded for future eg loss of earnings, pecuniary losses.
Index = matches inflation each year