Section 38 Effect of compensation order on subsequent award of damages in civil proceedings.F1

England and Wales

(1)

This section shall have effect where a compensation order F2or a service compensation order or award has been made in favour of any person in respect of any injury, loss or damage and a claim by him in civil proceedings for damages in respect of the injury, loss or damage subsequently falls to be determined.

(2)

The damages in the civil proceedings shall be assessed without regard to the order F3or award; but the plaintiff may only recover an amount equal to the aggregate of the following—

(a)

any amount by which they exceed the compensation; and

(b)

a sum equal to any portion of the compensation which he fails to recover,

and may not enforce the judgment, so far as it relates to a sum such as is mentioned in paragraph (b) above, without the leave of the court.

F4(3)

In this section a “service compensation order or award” means—

(a)

an order requiring the payment of compensation under paragraph 11 of Schedule 5A to the Army Act 1955, of Schedule 5A to the Air Force Act 1955 or of Schedule 4A to the Naval Discipline Act 1957; or

(b)

an award of stoppages payable by way of compensation under any of those Acts.

Annotations

Textual amendments

F1: Ss. 36-38 substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 105, Sch. 8 para. 16
F2: Words in s. 38(1) inserted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(1), Sch. 2 para. 9(1)(a); S.I. 1991/2719, art.2
F3: Words in s. 38(2) inserted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(1), Sch. 2 para. 9(1)(b); S.I. 1991/2719, art. 2
F4: S. 38(3) inserted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(1), Sch. 2 para. 9(1)(c); S.I. 1991/2719, art. 2

Notes on the whole Act

Textual amendments

F1: Act repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Notes on Part I

Modifications

C1: Pt. I (ss. 1-46) modified (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 11 (1)(3), 101(1), Sch. 12, para. 1 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2