The power of the Courts to impose periodical payments was introduced in April 2005 by the Courts Act 2003. Periodical payments may be imposed in any case involving future loss, and has not been restricted to high value cases. The potential impact of these reforms is great, but how the courts will use this power is uncertain. However, all practitioners dealing with cases involving future loss must be ready to deal with periodical payments.

This special bulletin explains the law and procedure, and provides a sample pleading and schedule of damages, together with up-to-date versions of all relevant statutory materials.

Periodical Payments: The New Law, looks at the major issues surrounding the implementation of the regime for periodical payments, including:

• how the legal basis for awarding damages has been affected
• the procedural requirements for dealing with periodical payments including the provisions within Part 36
• how orders may be varied and the procedure for applying for a variation of the order
• security for the claimant's payments
• income tax and state benefits

Each chapter is accompanied by one or more checklists setting out the major changes and requirements introduced by the Courts Act 2003. This special bulletin covers relevant websites dealing with periodical payments and is essential reading for all claimant and defendant personal injury lawyers, clinical negligence specialists, as well as insurance professionals.

Gordon Exall, Barrister, Zenith Chambers, Leeds

He is a practising barrister specializing in personal injury law and procedural matters. He is the author of Personal Injury Litigation, the APIL Guide to Fatal Accidents (Jordans) and editor of Munkman on Damages.

• Background
• Law relating to periodical payments
• The procedure relating to periodical payments
• Ensuring security for the claimant
• Variations of orders and settlements
• Procedure for applications to vary
• Income tax and state benefits
• Practical considerations for claimants and defendants 

Annex

• Pleading a case for periodical payments 
  • The particulars of claim
  • Periodical payments
  • Responding to a claim for periodical payments in the defence
  • The schedule of damages
    

Appendices

• Legislation
  • Courts Act 2003
  • Income and Corporation Taxes Act 1988
  • Damages (Variation of Periodical Payments) Order 2005
  • Civil Procedure (Amendment No 3) Rules 2004
  • Damages (Government and Health Service Bodies) Order 2005
  • Social Security Amendment (Personal Injury Payments) Regulations 2002
  • National Assistance (Assessment of Resources) (Amendment) (No 2) (England)
  • Regulations 2002
  • Courts Act 2003 (Commencement No 10) Order 2005 
• Further references