Paragraph 17 F1

(1)

A hypothetical investor is a person who falls within each of sub-paragraphs (2) to (4).

(2)

A person falls within this sub-paragraph if the person—

(a)

is a recipient of damages, and

(b)

will—

(i)

invest the damages, and

(ii)

do so as properly advised.

(3)

A person falls within this sub-paragraph if the person—

(a)

has no financial resources, apart from the damages, that can be used to meet the losses and expenses for which the damages are awarded, and

(b)

will make withdrawals from the investment fund deriving from investment of the damages.

(4)

A person falls within this sub-paragraph if the person is someone whose objectives are of securing that the damages will—

(a)

meet the losses and expenses for which the damages are awarded, and

(b)

be exhausted at the end of the period for which the damages are awarded.

Annotations

F1: Sch. C1 inserted (N.I.) (10.2.2022) by Damages (Return on Investment) Act (Northern Ireland) 2022 (c. 1), s. 5(2), Sch.; S.R. 2022/30, art. 2(c)