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Payment Methods (Periodical Payment Orders (The Courts Act 2003 (Parties…

- - - - Common tactic used by claimant lawyers to get a higher lump sum settlement offer
  - - - Closer return to pre-accident position
      - Security against life expectancy risk
      - Security against failed investments
      - Tax free, continuing income
      - Can preserve entitlement to means-tested social security benefits
      - Security against potential loss of all damages
    - - Improvement in the public image of insurers as appear to be continually caring for victims
      - Savings in cash flow for NHS and other Government bodies
  - - - Damages may be less in cases of premature death
      - Lower returns than from a lump sum investment
      - Loss of freedom to control large lump sum payment
- - - - Reduces burden on courts from repeat litigation
      - Reduces burden on D from continuing obligations to make reparations
- - - - D admits liability
      - C would get substantial damages if they win at trial
  - - - It must be shown that there is a chance C will as a result of the accident, develop some serious disease or suffer some serious deterioration
      - Not available for general deterioration or unforeseen exceptional circumstances
- - - - Price inflation
      - Wage inflation and rises in standard of living
      - Changes in tax and social security rates
    - - How often should medical assessments be carried out
      - Who would adjudicate extra proceedings to determine whether payments should be changed
      - Difficult to prove the accident is the cause of all current medical problems in the future