Overview

This webinar provides a practical and up-to-date analysis of the law and practice relating to provisional damages and periodical payments in personal injury litigation. It begins with a review of recent case law, including a notable professional negligence claim arising from a failure to pursue provisional damages, highlighting the real-world consequences of overlooking these important heads of claim.

The session examines when provisional damages are appropriate, the legal and evidential requirements for advancing such claims, and the implications of a provisional award for both claimants and defendants. It also addresses key issues of causation and the strategic considerations involved in deciding whether to seek provisional damages.

In addition, the webinar explores the court’s approach to periodical payments, including the statutory framework, the obligation on the court to consider such orders, and the factors influencing the exercise of judicial discretion. Practical guidance is provided on how to present claims for provisional damages and periodical payments within the schedule of loss, together with the evidence required to support them and ensure appropriate security for the claimant.

Overall, the session equips practitioners with the knowledge and tools needed to identify, present, and argue these claims effectively, while avoiding common pitfalls.

Learning Objectives

By the end of this webinar, participants will be able to:

• Understand when a claim for provisional damages is appropriate
• Identify the legal and procedural requirements for advancing provisional damages claims
• Analyse the consequences of a provisional damages award
• Evaluate causation issues relevant to provisional damages
• Recognise the risks of failing to pursue provisional damages where appropriate
• Understand the court’s obligation to consider periodical payments
• Assess the factors influencing the court’s discretion in awarding periodical payments
• Apply principles for ensuring appropriate financial security for claimants
• Present provisional damages and periodical payment claims effectively within a schedule of loss
• Identify and prepare the necessary evidence to support such claims
• Navigate the relevant practice and procedural requirements