> ### CIVIL PROCEDURE RULES

> ### PART 41 PROVISIONAL DAMAGES

> ### See also Practice Direction 41

> ### CONTENTS OF THIS PART

> Application and definitions | Rule 41.1
> Order for an award of provisional damages | Rule 41.2
> Application for further damages | Rule 41.3

> ### APPLICATION AND DEFINITIONS

> 41.1 | (1) | This Part applies to proceedings to which SCA s.32A or CCA s.51 applies.
> | (2) | In this Part - 'SCA s.32A' means section 32A of the Supreme Court Act 1981(51); 'CCA s.51' means section 51 of the County Courts Act 1984(52); and 'award of provisional damages' means an award of damages for personal injuries under which - damages are assessed on the assumption referred to in SCA s.32A or CCA s.51 that the injured person will not develop the disease or suffer the deterioration; and the injured person is entitled to apply for further damages at a future date if he develops the disease or suffers the deterioration.

> ### ORDER FOR AN AWARD OF PROVISIONAL DAMAGES

> 41.2 | (1) | The court may make an order for an award of provisional damages if - the particulars of claim include a claim for provisional damages; and the court is satisfied that SCA s.32A or CCA s.51 applies.
> | (Rule 16.4(1)(d) sets out what must be included in the particulars of claim where the claimant is claiming provisional damages)
> | (2) | An order for an award of provisional damages - must specify the disease or type of deterioration in respect of which an application may be made at a future date; must specify the period within which such an application may be made; and may be made in respect of more than one disease or type of deterioration and may, in respect of each disease or type of deterioration, specify a different period within which a subsequent application may be made.
> | (3) | The claimant may make more than one application to extend the period specified under paragraph (2)(b) or (2)(c).

> ### APPLICATION FOR FURTHER DAMAGES

> 41.3 | (1) | The claimant may not make an application for further damages after the end of the period specified under rule 41.2(2), or such period as extended by the court.
> | (2) | Only one application for further damages may be made in respect of each disease or type of deterioration specified in the award of provisional damages.
> | (3) | The claimant must give at least 28 days' written notice to the defendant of his intention to apply for further damages.
> | (4) | If the claimant knows - that the defendant is insured in respect of the claim; and the identity of the defendant's insurers, he must also give at least 28 days' written notice to the insurers.
> | (5) | Within 21 days after the end of the 28 day notice period referred to in paragraphs (3) and (4), the claimant must apply for directions.
> | (6) | The rules in Part 25 about the making of an interim payment apply where an application is made under this rule.

> ### Endnote:

> (51) | 1981 c.54. Section 32A was inserted by section 6(1) of the Administration of Justice Act 1982 (c.53)
> (52) | 1984 c.28.

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