chapter  25
2 Pages

PROVISIONAL DAMAGES

Under s 32A of the Supreme Court Act 1981 and s 51 of the County Courts Act 1984, in an action including a claim for damages for personal injuries in which there is a chance that at some time in the future the injured person will, as a result of his injuries, develop some serious disease or suffer some serious deterioration in his physical or mental condition, the court has the power to make a judgment awarding damages to the injured person on the assumption that he will not develop the disease or suffer the deterioration, but with an order that further damages will be awarded in the future if he does so. Such an award of damages is known as provisional damages (r 41.1(2)(c)).