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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 31 July 2023 - onwards
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51I. Award of damages by periodic payments

(1) Subject to subsection (2) and section 51J, where a court awards damages for personal injuries to a plaintiff who has suffered a catastrophic injury, the court may order that the whole or part of such damages which relate to -

(a) the future medical treatment of the plaintiff,

(b) the future care of the plaintiff,

(c) the provision of assistive technology or other aids and appliances associated with the medical treatment and care of the plaintiff, and

(d) where the parties consent in writing, damages in respect of future loss of earnings,

be paid by a defendant in the proceedings concerned in the form of periodic payments to the plaintiff in such amounts as the court may determine (in this Part referred to as a 'periodic payments order').

(2) In deciding whether or not to make a periodic payments order, a court shall have regard to -

(a) the best interests of the plaintiff, and

(b) the circumstances of the case, including:

(i) the nature of the injuries suffered by the plaintiff; an

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