Explanatory note

These Rules insert into the Civil Procedure Rules 1998 a new Section II of Part 41, which makes provision about the exercise of the court’s powers under section 2(1) of the Damages Act 1996 (as substituted by section 100 of the Courts Act 2003) to order that all or part of an award of damages in respect of personal injury is to take the form of periodical payments. Section II of Part 41 will come into force at the same time as section 100 of the Courts Act 2003.

Amendments are also made to Part 36 to ensure that the scheme for offers to settle and payments into court can work in cases in which periodical payments may be awarded.