Part VIFinancial penalties and orders

Compensation orders

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

C11

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.

F33

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