Periodical Payment Orders - Principles, Caselaw & Pitfalls
Introduction
Rule 41.6 of the CPR requires the Court to consider, and indicate to the parties, in all high value, catastrophic personal injury and clinical negligence cases, whether periodical payments are likely to be the appropriate form for all or part of an award of damages. The parties must assist that consideration by setting out their respective submissions on the issue in the pleadings.
There can be no better indication that a detailed understanding of the indisputably complex area that is Periodical Payments Orders (PPO’s) is an absolutely essential part of the required toolkit for senior personal injury/clinical negligence practitioners. Those tools quickly go out of date in a fast-changing legal landscape.
Viewing this webinar will provide an essential explanation of the relevant principles and an update on recent caselaw, together with an overview of the problem areas and how to avoid the pitfalls. Case studies will be provided and explained.
What You Will Learn
This webinar will cover the following:
- The statutory regime and rationale
- The primary benefit - life expectancy disputes
- Indexation - rising from the ASHE’s
- Heads of damage appropriate for PPO’s
- PPO’s and interim payments - the inevitable tension
- Indemnity issues
- Drafting the order - tips and pitfalls
This webinar was recorded on 20th October 2022
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