100 Periodical payments
Courts Act 2003 (2003 c 39) | Legislation

Damages

100  Periodical payments

(1)     For section 2 of the Damages Act 1996 (c 48) (periodical payments by consent) substitute—

“2 Periodical payments

(1)     A court awarding damages for future pecuniary loss in respect of personal injury—

(a)     may order that the damages are wholly or partly to take the form of periodical payments, and

(b)     shall consider whether to make that order.

(2)     A court awarding other damages in respect of personal injury may, if the parties consent, order that the damages are wholly or partly to take the form of periodical payments.

(3)     A court may not make an order for periodical payments unless satisfied that the continuity of payment under the order is reasonably secure.

(4)     For the purpose of subsection (3) the continuity of payment under an order is reasonably secure if—

(a)     it is protected by a guarantee given under section 6 of or the Schedule to this Act,

(b)     it is protected by a scheme under section 213 of the Financial Services and Markets Act 2000 (compensation) (whether or not as modified by section 4 of this Act), or

(c)     the source of payment is a government or health service body.

(5)

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