Part 1 Amendments to Chapter 1 of Part 8: Service Compensation Orders, Service Community Orders etc
Sentencing Act 2020 (2020 c 17) | Legislation

SCHEDULE 25 Amendments to the Armed Forces Act 2006

Section 411

Part 1 Amendments to Chapter 1 of Part 8: Service Compensation Orders, Service Community Orders etc

1

Chapter 1 of Part 8 of the Armed Forces Act 2006 is amended as follows.

2

After section 177 insert—

“177A Effect of service compensation order on subsequent award of damages in civil proceedings

(1)     This section has effect where—

(a)     a service compensation order has been made in favour of any person in respect of any injury, loss or damage, and

(b)     a claim by the person in civil proceedings for damages in respect of the injury, loss or damage subsequently falls to be decided by a court in England and Wales.

(2)     The damages in the civil proceedings must be assessed without regard to the order.

(3)     But the claimant may recover only an amount equal to the aggregate of—

(a)     any amount by which the damages assessed exceed the compensation, and

(b)     a sum equal to any portion of the compensation which the person fails to recover (“unrecovered compensationâ€).

(4)     The claimant may not enforce the judgment, so far as it relates to unrecovered compensation,

Powered by Lexis+®
 

Popular documents

LEXISNEXIS

Mistake in contract law

Mistake in contract lawThis Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as to identity and mistake as to the document signed (non est factum). It also considers the impact of each of these types of

LEXISNEXIS

The tort of deceit

The tort of deceitDeceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.The elements of a claim in deceit are:•a clear false representation of fact or law•fraud by the maker, in the sense that they

LEXISNEXIS

Liquidated damages in construction contracts

Liquidated damages in construction contractsThis Practice Note explains what liquidated and ascertained damages (LADs/LDs) are and their purpose in a building contract. It considers the difference between liquidated damages and general (or unliquidated) damages and looks at the enforceability of

LEXISNEXIS

Resulting trusts

Resulting trusts represent one of the three types of trust which do not require to be declared or evidenced in writing. The others are constructive and implied trusts, although it is perhaps doubtful whether there is any form of implied trust which is not in fact either a resulting trust or a