# The Damages (Variation of Periodical Payments) Order 2004, Article 10: Application for permission


(1) An application for permission to apply for a variable order or a variable agreement to be varied must be accompanied by evidence —
(a) that the disease, deterioration or improvement specified in the order or agreement has occurred, and
(b) that it has caused or is likely to cause an increase or decrease in the pecuniary loss suffered by the claimant.
(2) Where the applicant is the claimant and he knows that the defendant is insured in respect of the claim and the identity of the defendant’s insurers, he must serve the application notice on the insurers as well as on the defendant.
(3) Where the applicant is the claimant and he knows that the defendant is a member of a defence society and the identity of the defence society, he must serve the application notice on the defence society as well as on the defendant.
(4) The respondent to the application may, within 28 days after service of the application, serve written representations on the applicant and, if he does, must file them with the court.
(5) The court will deal with the application without a hearing.

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Source: https://www.legislation.gov.uk/ukdsi/2004/0110498364/article/10 (the official version)
Page: https://openlegislation.uk/draft-damages-variation-of-periodical-payments-order-2004/article-10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.