Part VIFinancial penalties and orders

Compensation orders

134 Effect of compensation order on subsequent award of damages in civil proceedings.

(1)

This section shall have effect where a compensation order, or a service compensation order F1..., 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 F2..., 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 paragraph (b) above, without the leave of the court.

F3(3)

In this section “service compensation order” means a service compensation order under the Armed Forces Act 2006.