I am to determine how the damages are to be paid: by a lump sum order or by a periodical payments order and if periodical payments are appropriate whether that order should be variable. I am also to determine (after allowing permission to amend the original claim at the end of the quantum trial) whether the claimant (whom I found to have capacity) should receive damages to reflect the set up and running costs of a personal injury trust. [1]
By section 2(1) of the Damages Act 1996 a court awarding damages for future pecuniary loss in respect of personal injury is required to consider making an order that the damages are wholly or partly to take the form of periodical payments. [3]
CPR 41.7 requires the court to have regard to all the circumstances of the case and in particular to consider the form of order which best meets the claimant’s needs… [4]
Taking into account the factors set out in CPR 41 I have come to the clear conclusion that I should order that the claimant’s damages for future pecuniary loss should take the form of periodical payments. [8]
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