Extract from Supreme Court Act 1981 (England and Wales)

Orders for provisional damages for personal injuries

32A (1) This section applies to an action for damages for personal injuries in which there is proved or admitted to be a chance that at some definite or indefinite time in the future the injured person will, as a result of the act or omission which gave rise to the cause of action, develop some serious disease or suffer some serious deterioration in his physical or mental condition.

(2) Subject to subsection (4) below, as regards any action for damages to which this section applies in which a judgment is given in the High Court, provision may be made by rules of court for enabling the court, in such circumstances as may be prescribed, to award the injured person -

(a) damages assessed on the assumption that the injured person will not develop the disease or suffer the deterioration in his condition; and

(b) further damages at a future date if he develops the disease or suffers the deterioration.


(3) Any rules made by virtue of this section may include such incidental, supplementary and consequential provisions as the rule-making authority may consider necessary or expedient.

(4) Nothing in this section shall be construed -


(a) as affecting the exercise of any power relating to costs, including any power to make rules of court relating to costs; or

(b) as prejudicing any duty of the court under any enactment or rule of law to reduce or limit the total damages which would have been recoverable apart from any such duty.

II. ORDERS FOR PROVISIONAL DAMAGES FOR PERSONAL INJURIES

Application and Interpretation (0.37, r.7)

7. (1) This Part of this Order applies to actions to which section 32A of the Act (in this Part of this Order referred to as “section 32A”) applies.

(2) In this Part of this Order "award of provisional damage"s means an award of damages for personal injuries under which -


(a) damages are assessed on the assumption that the injured person will not develop the disease or suffer the deterioration referred to in section 32A; and

(b) the injured person is entitled to apply for further damages at a future date if he develops the disease or suffers the deterioration.

Order for provisional damages (0.37, r8)

8. (1) The Court may on such terms as it thinks just and subject to the provisions of this rule make an award of provisional damages if -

(a) the plaintiff has pleaded a claim for provisional damages, and

(b) the Court is satisfied that the action is one to which section 32A applies.


(2) An order for an award of provisional damages shall specify the disease or type of deterioration in respect of which an application may be made at a future date, and shall also, unless the Court otherwise determines, specify the period within such application may be made.

(3) The Court may, on the application of the plaintiff made within the period if any, specified in paragraph (2), by order extend that period if it thinks it just to do so, and the plaintiff may make more than one such application.

(4) An order for an award of provisional damages may be made in respect of more than one disease or type of deterioration and may in respect of each disease or deterioration specify a different period within which an application may be made at a future date.

(5) Orders 13 and 19 shall not apply in relation to an action in which the plaintiff claims provisional damages.

Offer to submit to an award (0.37, r.9)

9. (1) Where an application is made for an award of provisional damages, any defendant may at any time (whether or not he makes a payment into court) make a written offer to the plaintiff -

(a) to tender a sum of money (which may include an amount, to be specified, in respect of interest) in satisfaction of the plaintiff’s claim for damages assessed on the assumption that the injured person will not develop the disease or suffer the deterioration referred to in section 32A; and

(b) to agree to the making of an award of provisional damages.


(2) Any offer made under paragraph (1) shall not be brought to the attention of the Court until after the Court has determined the claim for an award of provisional damages.

(3) Where an offer is made under paragraph (1), the plaintiff may, within 21 days after receipt of the offer, give written notice to the defendant of his acceptance of the offer and shall on such acceptance make an application to the Court for an order in accordance with the provisions of rule 8(2).

Application for award of further damages (0.37, r.10)

10. (1) This rule applies where the plaintiff, pursuant to an award of provisional damages, claims further damages.

(2) No application for further damages may be made after the expiration of the period, if any, specified under rule 8(2), or of such period as extended under rule 8(3).

(3) The plaintiff shall give not less than three months’ written notice to the defendant of his intention to apply for further damages and, if the defendant is to the plaintiff’s knowledge insured in respect of the plaintiff’s claim, to the insurers.

(4) The plaintiff must take out a summons for directions as to the future conduct of the action within 21 days after the expiry of the period of notice referred to in paragraph (3).

(5) On the hearing of the summons for directions the Court shall give such directions as may be appropriate for the future conduct of the action, including, but not limited to the disclosure of medical reports and the place, and date of the hearing of the application for further damages.

(6) Only one application for further damages may be made in respect of each disease or type of deterioration specified in the order for the award of provisional damages.

(7) The provisions of Order 29 with regard to the making of interim payments shall, with the necessary modifications, apply where an application is made under this rule.

(8) The court may include in an award of further damages simple interest at such rate as it thinks fit on all or any part thereof for all or any part of the period between the date of notification of the plaintiff’s intention to apply for further damages and the date of the award.