Rule 41.3 Application for further damagesI1

England and Wales

(1)

The claimant may not make an application for further damages after the end of the period specified under rule 41.2(2), or such period as extended by the court.

(2)

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

(3)

The claimant must give at least 28 days written notice to the defendant of his intention to apply for further damages.

(4)

If the claimant knows—

(a)

that the defendant is insured in respect of the claim; and

(b)

the identity of the defendant’s insurers,

he must also give at least 28 days written notice to the insurers.

(5)

Within 21 days after the end of the 28 day notice period referred to in paragraphs (3) and (4), the claimant must apply for directions.

F1(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: Rule 41.3(6) omitted (1.4.2005) by virtue of The Civil Procedure (Amendment No. 4) Rules 2004 (S.I. 2004/3419), rules 1, 7

Commencement

I1: Rule 41.3 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