Application and definitionsE+W
41.1—(1) [F1This Section of this Part] applies to proceedings to which SCA s.32A or CCA s.51 applies.
(2) In this [F2Section]—
(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
F1Words 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)
F2Word 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
1981 c. 54. Section 32A was inserted by section 6(1) of the Administration of Justice Act 1982 (c. 53)