The County Court (Amendment No. 2) Rules (Northern Ireland) 2022

Rule 2(b)

SCHEDULE 2 N.I.

Commencement Information

I1 Sch. 2 in operation at 6.1.2023, see rule 1

“ORDER 25A N.I. ORDERS FOR PROVISIONAL DAMAGES FOR PERSONAL INJURIES

Application and interpretation

1.— (1) This Order applies to actions to which paragraph 10 of Schedule 6 to the Administration of Justice Act 1982(1) (referred to as “paragraph 10” in this Order) applies.

(2) In this Order—

• “award of provisional damages” means an award of damages for personal injuries under which—

  (a)

  damages are assessed on the assumption that the injured person will not develop the disease or suffer the deterioration referred to in paragraph 10; and

  (b)

  the injured person is entitled to apply for further damages at a future date if he develops the disease or suffers the deterioration;

• “judge” means judge or, in relation to proceedings within the jurisdiction of the district judge, the district judge.

Order for provisional damages

2.— (1) The court may, on such terms as it thinks just and subject to the provisions of this rule, make an award of provisional damages if—

(a) the plaintiff has claimed provisional damages; and

(b) the court is satisfied that the action is one to which paragraph 10 applies.

(2) An order for an award of provisional damages shall specify the disease or type of deterioration in respect of which an application may be made at a future date and shall also, unless the court otherwise determines, shall specify the period within which such application may be made.

(3) The judge may, on the application of the plaintiff made within the period, if any, specified in paragraph (2), by order extend that period if it thinks it just to do so and the plaintiff may make more than one such application.

(4) An order for an award of provisional damages may be made in respect of more than one disease or type of deterioration and may in respect of each disease or deterioration specify a different period within which an application may be made at a future date.

(5) Order 12 shall not apply in relation to an action in which the plaintiff claims provisional damages.

Offer to submit to an award

3.— (1) Where an application is made for an award of provisional damages any defendant may at any time (whether or not he makes a payment into court) make a written offer to the plaintiff—

(a) to tender a sum of money (which may include) an amount, to be specified, in respect of interest) in satisfaction of the plaintiff’s claim for damages assessed on the assumption that the injured person will not develop the disease or suffer the deterioration referred to in paragraph 10 and identifying the disease or deterioration in question; and

(b) to agree to the making of an award of provisional damages.

(2) Any offer made under paragraph (1) shall not be brought to the attention of the court until after the court has determined the claim for an award of provisional damages.

(3) Where an offer is made under paragraph (1) the plaintiff, may within 21 days after receipt of the offer, give written notice to the defendant of his acceptance of the offer and shall on such acceptance make an application to the judge for an order in accordance with the provisions of rule 2(2).

Application for award of further damages

4.— (1) This rule applies where the plaintiff, pursuant to an award of provisional damages, claims further damages.

(2) No application for further damages may be made after the expiration of the period, if any, specified under rule 2(2), or of such period as extended under rule 2(3).

(3) The plaintiff shall give not less than 3 months’ written notice to the defendant of his intention to apply for further damages and, if the defendant is to the plaintiff’s knowledge insured in respect of the plaintiff’s claim, to the insurers.

(4) The plaintiff may apply to the judge for directions as to the future conduct of the action within 21 days after the expiry of the period of notice referred to in paragraph (3).

(5) On the hearing of the application for directions the judge shall give such directions as may be appropriate for the future conduct of the action including, but not limited to, the disclosure of medical reports and the place, mode and date of the hearing of the application for further damages.

(6) Only one application for further damages may be made in respect of each disease or type of deterioration specified in the order for the award of provisional damages.

(7) The court may include in an award of further damages simple interest at such rate as it thinks fit on all or any part thereof for all or any part of the period between the date of notification of the plaintiff’s intention to apply for further damages and the date of the award.”

(1)

1982 c.53