Rule 41.1 Application and definitionsI1

England and Wales

(1)

F1This Section of this Part applies to proceedings to which SCA s.32A or CCA s.51 applies.

(2)

In this F2Section—

(a)

“SCA s.32A” means section 32A of the Supreme Court Act 1981^f1;

(b)

“CCA s.51” means section 51 of the County Courts Act 1984^f2; and

(c)

“award of provisional damages” means an award of damages for personal injuries under which—

(i)

damages are assessed on the assumption referred to in SCA s.32A or CCA s.51 that the injured person will not develop the disease or suffer the deterioration; and

(ii)

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

Annotations

Textual amendments

F1: Words in rule 41.1(1) substituted (1.4.2005) by The Civil Procedure (Amendment No. 3) Rules 2004 (S.I. 2004/3129), rules 1, 11(b)(i)
F2: Word in rule 41.1(2) substituted (1.4.2005) by The Civil Procedure (Amendment No. 3) Rules 2004 (S.I. 2004/3129), rules 1, 11(b)(ii)

Commencement

I1: Rule 41.1 in force at 26.4.1999, see Signature

Footnotes

f1: 1981 c. 54. Section 32A was inserted by section 6(1) of the Administration of Justice Act 1982 (c. 53)
f2: 1984 c. 28.

Notes on Part 41

Textual amendments

F1: Pt. 41 heading substituted (1.4.2005) by The Civil Procedure (Amendment No. 3) Rules 2004 (S.I. 2004/3129), rules 1, 10
F2: Pt. 41 Table of Contents substituted (1.4.2005) by The Civil Procedure (Amendment No. 3) Rules 2004 (S.I. 2004/3129), rule 1, Sch. 1 Pt. 1
F3: Words in Pt. 41 Table of Contents substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 23(1)

Notes on

Textual amendments

F1: Pt. 41 Section 1 heading inserted (1.4.2005) by The Civil Procedure (Amendment No. 3) Rules 2004 (S.I. 2004/3129), rule 1, Sch. 1 Pt. 1