The Civil Procedure Rules 1998 No. 3132 (L. 17)

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 II – PERIODICAL PAYMENTS UNDER THE DAMAGES ACT 1996 E+W

Textual Amendments

F2 Pt. 41 Section 2 inserted (1.4.2005) by The Civil Procedure (Amendment No. 3) Rules 2004 (S.I. 2004/3129), rule 1, Sch. 1 Pt. 2

Factors to be taken into account E+W

41.7.   When considering—

(a) its indication as to whether periodical payments or a lump sum is likely to be the more appropriate form for all or part of an award of damages under rule 41.6; or

(b) whether to make an order under section 2(1)(a) of the 1996 Act,

the court shall have regard to all the circumstances of the case and in particular the form of award which best meets the claimant’s needs, having regard to the factors set out in [F3 Practice Direction 41B].]

Textual Amendments

F3 Words in rule 41.7 substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 21