Periodic Payments Order

PI Summons & PPO

A personal injuries summons may include a statement that the plaintiff’s claim is one in respect of the whole or part of which it is appropriate that a periodic payments order be made and where such statement is made, the personal injuries summons shall state whether a periodic payments order is sought in respect of one or more of the following:

• the future medical treatment of the plaintiff,
• the future care of the plaintiff,
• the provision of assistive technology or other aids and appliances associated with the medical treatment and care of the plaintiff, and
• damages in respect of future loss of earnings,

The summons shall

• state whether the periodic payments order should include provision for a stepped payment,
• provide particulars of the circumstances relied on in seeking a periodic payments order,  and (where sought) provision for a stepped payment.

PI Defence & PPO

A personal injuries defence may—

• accept or join issue with a statement by the plaintiff above, without prejudice to the defendant’s plea as to liability,
• where a statement above is not included in the personal injuries summons, include a statement that the plaintiff’s claim is one in respect of the whole or part of which it is appropriate that a periodic payments order be made and where such statement is made, the defence shall contain the information set out above.

Later Notice

Where—

• the personal injuries summons does not include a statement that the plaintiff’s claim is one in respect of the whole or part of which it is appropriate that a periodic payments order be made and the plaintiff intends to apply for such an order, notice in writing of such intention shall be sent by the plaintiff to the defendant not later than 14 days before the date on which the action is listed for hearing,
• neither the personal injuries summons nor the defence includes a statement that the plaintiff’s claim is one in respect of the whole or part of which it is appropriate that a periodic payments order be made and the defendant intends to apply for such an order, notice in writing of such intention shall be sent by the defendant to the plaintiff not later than 14 days before the date on which the action is listed for hearing.”, and

Consideration of PPO

Where:

• the Court has determined to award damages for personal injuries to a plaintiff who has suffered a catastrophic injury and
• the plaintiff or the defendant applies for a periodic payments order, where there is no agreement that such an order should be made, or
• the parties apply for a periodic payments order in accordance with terms which have been agreed by the parties,

the Court may, and if it thinks fit prior to determining the amount of such damages or  following a hearing  make a periodic payments order.

Applications following the making of a PPO

In any case in which the Court has made a periodic payments order, the following applications to the Court may be made by notice of motion in the personal injuries action or proceedings in which the periodic payments order was made:

• an application by a paying party to alter the method of payment specified in a periodic payments order; in such a case, the application shall be on notice to the plaintiff or, where the plaintiff has with the approval of the Court assigned his or her right to payments under a periodic payments order, the person to whom the right is assigned, and grounded upon an affidavit sworn by or on behalf of the moving party exhibiting a letter of consent to the altered method of payment and setting out:
• how continuity of the payments under the periodic payments order will be secured notwithstanding the alteration to the method of payment and
• how the alteration to the method of payment concerned is capable of adjustment in accordance with the index;
• an application to the Court that made the order by a plaintiff for approval to assign, commute or charge a right to receive payments under a periodic payments order; and the Court may direct service of the motion and a copy of the grounding affidavit on any person who it considers ought to be on notice;
• any other application concerning the operation of the periodic payments order, in which case the application shall be on notice to the paying party or, as the case may be, the plaintiff or, where the plaintiff has with the approval of the Court assigned his or her right to payments under a periodic payments order, the person to whom the right is assigned, and grounded upon an affidavit sworn by or on behalf of the moving party.

The notification to the Court shall be made by the plaintiff or, where the plaintiff is legally represented in the proceedings, the plaintiff’s solicitor lodging with the proper officer of the Central Office by any method permitted, a letter containing such notification addressed to the proper officer of the Central Office headed with the title and record number of the proceedings and signed by the plaintiff or (as the case may be) the plaintiff’s solicitor, and at the same time delivering or sending by pre-paid registered post a copy of that letter to the paying party.

A copy of a periodic payments order as amended in shall be sent to the plaintiff and the paying party by electronic mail or ordinary post, or by such other means as the proper officer considers sufficient.”