PART 41PROVISIONAL DAMAGES

Application for further damages41.3

1

The claimant may not make an application for further damages after the end of the period specified under rule 41.2(2), or such period as extended by the court.

2

Only one application for further damages may be made in respect of each disease or type of deterioration specified in the award of provisional damages.

3

The claimant must give at least 28 days written notice to the defendant of his intention to apply for further damages.

4

If the claimant knows—

a

that the defendant is insured in respect of the claim; and

b

the identity of the defendant’s insurers,

he must also give at least 28 days written notice to the insurers.

5

Within 21 days after the end of the 28 day notice period referred to in paragraphs (3) and (4), the claimant must apply for directions.

6

The rules in Part 25 about the making of an interim payment apply where an application is made under this rule.