Rule 41.2 Order for an award of provisional damagesI1
England and Wales
The court may make an order for an award of provisional damages if—
the particulars of claim include a claim for provisional damages; and
the court is satisfied that SCA s.32A or CCA s.51 applies.
(Rule 16.4(1)(d) sets out what must be included in the particulars of claim where the claimant is claiming provisional damages)
An order for an award of provisional damages—
must specify the disease or type of deterioration in respect of which an application may be made at a future date;
must specify the period within which such an application may be made; and
may be made in respect of more than one disease or type of deterioration and may, in respect of each disease or type of deterioration, specify a different period within which a subsequent application may be made.
The claimant may make more than one application to extend the period specified under paragraph (2)(b) or (2)(c).
Annotations
Commencement
- I1
Rule 41.2 in force at 26.4.1999, see Signature
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