Article 3 Defendant’s financial resources

Unless —

(a)

the defendant is insured in respect of the claim,

(b)

the source of payment under the order for periodical payments is a government or health service body within the meaning of section 2A(2) of the Act,

(c)

the payment is guaranteed under section 6 of or the Schedule to the Act, or

(d)

the order is made by consent and the claimant is neither a child, nor a patient within the meaning of Part VII of the Mental Health Act 1983^f1 or of Part VIII of the Mental Health (Northern Ireland) Order 1986^f2,

the court will take into account the defendant’s likely future financial resources in considering whether to make a variable order.

Annotations

Footnotes

f1: 1983 c. 20.
f2: S.I. 1986/595 (N.I. 4).