THIRD GROUP OF PARTSDisposals

PART 7Financial orders and orders relating to property

CHAPTER 2Compensation orders

Compensation orders: supplementary

I1C1144Effect of compensation order on subsequent award of damages in civil proceedings

1

This section has effect where—

a

a compensation order has been made in favour of any person in respect of any injury, loss or damage, and

b

a claim by the person 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 must be assessed without regard to the order.

3

But the claimant may recover only an amount equal to the aggregate of—

a

any amount by which the damages assessed exceed the compensation, and

b

a sum equal to any portion of the compensation which the person fails to recover (“unrecovered compensation”).

4

The claimant may not enforce the judgment, so far as it relates to unrecovered compensation, without the leave of the court.