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The Civil Procedure Rules 1998

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This is the original version (as it was originally made).

Order for an award of provisional damages

41.2—(1) The court may make an order for an award of provisional damages if—

(a)the particulars of claim include a claim for provisional damages; and

(b)the court is satisfied that SCA s.32A or CCA s.51 applies.

(Rule 16.4(1)(d) sets out what must be included in the particulars of claim where the claimant is claiming provisional damages)

(2) An order for an award of provisional damages—

(a)must specify the disease or type of deterioration in respect of which an application may be made at a future date;

(b)must specify the period within which such an application may be made; and

(c)may be made in respect of more than one disease or type of deterioration and may, in respect of each disease or type of deterioration, specify a different period within which a subsequent application may be made.

(3) The claimant may make more than one application to extend the period specified under paragraph (2)(b) or (2)(c).

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