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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 new power is uncertain. However, all practitioners dealing with cases involving future loss must be ready to deal with periodical payments.
Periodical Payments: The New Law, looks at the major issues surrounding the implementation of the new 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 new 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 new requirements introduced by the Courts Act 2003. This special bulletin covers relevant websites dealing with periodical payments.