Description
Court Set Out Model Periodical Payments Order:
The Court of Appeal had considered periodical payment orders in the three instant cases and found that it was appropriate to link them to the ASHE 6115 index rather than to the retail price index. The claimants thus sought approval of model periodical payments orders designed to give effect to that judgment in the instant cases, and to be incorporated in orders awaiting approval in current and prospective cases. The draft orders sought to anticipate reclassification and revision of ASHE 6115. Sir Christopher Holland held that although the model schedules did no more than offer practitioners a precedent for adaptation to meet the particular nature of an award of damages, the terms reflected the best current expertise and a departure from then in a future order would have to be justified.
