PART IIFINES AND PENALTIES
Compensation orders
Effect of compensation order on subsequent award of damages in civil proceedingsC117
1
This Article shall have effect where a compensation order or a service compensation order or award has been made in favour of any person in respect of any injury, loss or damage and a claim by him in civil proceedings for damages in respect of the injury, loss or damage subsequently falls to be determined.
2
The damages in the civil proceedings shall be assessed without regard to the order or award; but the plaintiff may only recover an amount equal to the aggregate of the following—
a
any amount by which they exceed the compensation; and
b
a sum equal to any portion of the compensation which he fails to recover,
and may not enforce the judgment, so far as it relates to a sum such as is mentioned in sub-paragraph (b), without the leave of the court.
3
In this Article a “service compensation order or award” means—
a
b
an award of stoppages payable by way of compensation under any of those Acts.