Section 177A Effect of service compensation order on subsequent award of damages in civil proceedingsF1

United Kingdom

(1)

This section has effect where—

(a)

a service compensation order has been made in favour of any person in respect of any injury, loss or damage, and

(b)

a claim by the person in civil proceedings for damages in respect of the injury, loss or damage subsequently falls to be decided by a court in England and Wales.

(2)

The damages in the civil proceedings must be assessed without regard to the order.

(3)

But the claimant may recover only an amount equal to the aggregate of—

(a)

any amount by which the damages assessed exceed the compensation, and

(b)

a sum equal to any portion of the compensation which the person fails to recover (“unrecovered compensation”).

(4)

The claimant may not enforce the judgment, so far as it relates to unrecovered compensation, without the leave of the court.

Annotations

Textual amendments

F1: S. 177A inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 2 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Notes on the whole Act

Textual amendments

F1: Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)

Notes on Part 8

Modifications

C1: Pt. 8 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(2)