PART 41 E+W[F1 DAMAGES]

Textual Amendments

F1 Pt. 41 heading substituted (1.4.2005) by The Civil Procedure (Amendment No. 3) Rules 2004 (S.I. 2004/3129), rules 1, 10

[F2 I – PROCEEDINGS TO WHICH SECTION 32A OF THE SUPREME COURT ACT 1981 OR SECTION 51 OF THE COUNTY COURTS ACT 1984 APPLIES] E+W

Textual Amendments

F2 Pt. 41 Section 1 heading inserted (1.4.2005) by The Civil Procedure (Amendment No. 3) Rules 2004 (S.I. 2004/3129), rule 1, Sch. 1 Pt. 1

Application and definitions E+W

41.1—(1)  [F3 This Section of this Part] applies to proceedings to which SCA s.32A or CCA s.51 applies.

(2) In this [F4 Section]—

(a) “SCA s.32A” means section 32A of the Supreme Court Act 1981(1);

(b) “CCA s.51” means section 51 of the County Courts Act 1984(2); and

(c) “award of provisional damages” means an award of damages for personal injuries under which—

(i) damages are assessed on the assumption referred to in SCA s.32A or CCA s.51 that the injured person will not develop the disease or suffer the deterioration; and

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

Textual Amendments

F3 Words in rule 41.1(1) substituted (1.4.2005) by The Civil Procedure (Amendment No. 3) Rules 2004 (S.I. 2004/3129), rules 1, 11(b)(i)

F4 Word in rule 41.1(2) substituted (1.4.2005) by The Civil Procedure (Amendment No. 3) Rules 2004 (S.I. 2004/3129), rules 1, 11(b)(ii)

Commencement Information

I1 Rule 41.1 in force at 26.4.1999, see Signature

(1)

1981 c. 54. Section 32A was inserted by section 6(1) of the Administration of Justice Act 1982 (c. 53)

(2)

1984 c. 28.