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11 September 2020
SPBill35S052018
Damages (Investment Returns and Periodical Payments) (Scotland) Bill 5 Part 2—Periodical payments of damages 4 Variation or suspension of settlement After section 2D of the Damages Act 1996 (see section 3 of this Act) there is inserted— “2E Variation or suspension of future pecuniary loss award (1) In an order under which damages for future pecuniary loss are wholly or partly 5 to take the form of periodical payments, a court may include provision enabling an application to be made to the court for (either or both)— (a) variation of the order in accordance with section 2F, or (b) suspension of the right to receive payments under the order in accordance with section 2G. 10 (2) A court may include provision of the kind described in subsection (1) in an order only if it is satisfied that— (a) there is a chance of a change in the pursuer’s physical or mental condition occurring at some definite or indefinite point in the future, and (b) should the change occur, the pursuer would be significantly over- or 15 under-compensated by the damages being awarded for future pecuniary loss. (3) In an order including provision of the kind described in subsection (1), a court— (a) must specify the sort of change in the pursuer’s physical or mental 20 condition which must occur before an application may be made for— (i) variation of the order, or (ii) suspension of the right to receive payments under the order, and (b) may specify a period within which any such application must be made (either generally or in respect of a specified sort of change in the 25 pursuer’s condition). 2F Variation of court-ordered periodical payments (1) A court which has made an order under which damages for future pecuniary loss are wholly or partly to take the form of periodical payments may vary the order. 30 (2) In varying the order, the court may— (a) alter the terms on which periodical payments in respect of future pecuniary loss are to be paid, in particular— (i) the amount that is to be paid as a periodical payment, (ii) the basis (if any) on which the amount of the payments is to adjust 35 to reflect inflation, (iii) the frequency of the payments, (iv) the period during which the payments are to be made, (v) the method by which the payments are to be made, (b) award a lump sum instead of, or in addition to, any future periodical 40 payments in respect of future pecuniary loss. 6 Damages (Investment Returns and Periodical Payments) (Scotland) Bill Part 2—Periodical payments of damages (3) The court may vary the order only if— (a) the order includes provision under section 2E(1) enabling an application to be made for its variation, and (b) it is satisfied that— 5 (i) since the order was made, a change has occurred in the physical or mental condition of the injured person which is of a sort specified in the order in accordance with section 2E(3)(a), and (ii) as a result of the change, the damages awarded for future pecuniary loss will significantly over- or under-compensate the 10 injured person unless the order is varied. (4) The court may vary the order only if it is satisfied that the continuity of payment under the order would still be reasonably secure (with section 2C(1) to be used for this too). (5) Ordinarily, the court may not vary the order— 15 (a) where a period within which an application for variation may be made is specified in the order, on an application made outwith that period, (b) more than once in respect of each sort of change specified in the order in accordance with section 2E(3)(a). (6) But the court may— 20 (a) allow a late application on cause shown by reference to delay in information becoming known to the applicant if it is satisfied that the delay is not attributable to something which the applicant unreasonably failed to do, (b) vary the order despite subsection (5)(a) or (b) if it is satisfied that there 25 are exceptional circumstances justifying doing so. (7) A reference in this section to the injured person is to the person who suffered the injury in respect of which the order has been made. 2G Suspension of court-ordered periodical payments (1) A court which has made an order under which damages for future pecuniary 30 loss are wholly or partly to take the form of periodical payments may suspend the right to receive payments under the order. (2) The court may suspend the right to receive the payments only if— (a) the order includes provision under section 2E(1) enabling an application to be made for suspension of the right to receive the payments, and 35 (b) it is satisfied that— (i) since the order was made, a change has occurred in the physical or mental condition of the injured person which is of a sort specified in the order in accordance with section 2E(3)(a), and (ii) as a result of the change, the damages awarded for future 40 pecuniary loss will significantly over-compensate the injured person unless the right to receive the payments is suspended.
Last updated:
9 December 2019
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Damages (Investment Returns and Periodical Payments) (Scotland) Bill 5 Part 2—Periodical payments of damages 4 Variation or suspension of settlement After section 2D of the Damages Act 1996 (see section 3 of this Act) there is inserted— “2E Variation or suspension of future pecuniary loss award (1) In an order under which damages for future pecuniary loss are wholly or partly 5 to take the form of periodical payments, a court may include provision enabling an application to be made to the court for (either or both)— (a) variation of the order in accordance with section 2F, or (b) suspension of the right to receive payments under the order in accordance with section 2G. 10 (2) A court may include provision of the kind described in subsection (1) in an order only if it is satisfied that— (a) there is a chance of a change in the pursuer’s physical or mental condition occurring at some definite or indefinite point in the future, and (b) should the change occur, the pursuer would be significantly over- or 15 under-compensated by the damages being awarded for future pecuniary loss. (3) In an order including provision of the kind described in subsection (1), a court— (a) must specify the sort of change in the pursuer’s physical or mental 20 condition which must occur before an application may be made for— (i) variation of the order, or (ii) suspension of the right to receive payments under the order, and (b) may specify a period within which any such application must be made (either generally or in respect of a specified sort of change in the 25 pursuer’s condition). 2F Variation of court-ordered periodical payments (1) A court which has made an order under which damages for future pecuniary loss are wholly or partly to take the form of periodical payments may vary the order. 30 (2) In varying the order, the court may— (a) alter the terms on which periodical payments in respect of future pecuniary loss are to be paid, in particular— (i) the amount that is to be paid as a periodical payment, (ii) the basis (if any) on which the amount of the payments is to adjust 35 to reflect inflation, (iii) the frequency of the payments, (iv) the period during which the payments are to be made, (v) the method by which the payments are to be made, (b) award a lump sum instead of, or in addition to, any future periodical 40 payments in respect of future pecuniary loss. 6 Damages (Investment Returns and Periodical Payments) (Scotland) Bill Part 2—Periodical payments of damages (3) The court may vary the order only if— (a) the order includes provision under section 2E(1) enabling an application to be made for its variation, and (b) it is satisfied that— 5 (i) since the order was made, a change has occurred in the physical or mental condition of the injured person which is of a sort specified in the order in accordance with section 2E(3)(a), and (ii) as a result of the change, the damages awarded for future pecuniary loss will significantly over- or under-compensate the 10 injured person unless the order is varied. (4) The court may vary the order only if it is satisfied that the continuity of payment under the order would still be reasonably secure (with section 2C(1) to be used for this too). (5) Ordinarily, the court may not vary the order— 15 (a) where a period within which an application for variation may be made is specified in the order, on an application made outwith that period, (b) more than once in respect of each sort of change specified in the order in accordance with section 2E(3)(a). (6) But the court may— 20 (a) allow a late application on cause shown by reference to delay in information becoming known to the applicant if it is satisfied that the delay is not attributable to something which the applicant unreasonably failed to do, (b) vary the order despite subsection (5)(a) or (b) if it is satisfied that there 25 are exceptional circumstances justifying doing so. (7) A reference in this section to the injured person is to the person who suffered the injury in respect of which the order has been made. 2G Suspension of court-ordered periodical payments (1) A court which has made an order under which damages for future pecuniary 30 loss are wholly or partly to take the form of periodical payments may suspend the right to receive payments under the order. (2) The court may suspend the right to receive the payments only if— (a) the order includes provision under section 2E(1) enabling an application to be made for suspension of the right to receive the payments, and 35 (b) it is satisfied that— (i) since the order was made, a change has occurred in the physical or mental condition of the injured person which is of a sort specified in the order in accordance with section 2E(3)(a), and (ii) as a result of the change, the damages awarded for future 40 pecuniary loss will significantly over-compensate the injured person unless the right to receive the payments is suspended.
Last updated:
21 November 2019
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Damages (Investment Returns and Periodical Payments) (Scotland) Bill 5 Part 2—Periodical payments of damages 4 Variation or suspension of settlement After section 2D of the Damages Act 1996 (see section 3 of this Act) there is inserted— “2E Variation or suspension of future pecuniary loss award (1) In an order under which damages for future pecuniary loss are wholly or partly 5 to take the form of periodical payments, a court may include provision enabling an application to be made to the court for (either or both)— (a) variation of the order in accordance with section 2F, or (b) suspension of the right to receive payments under the order in accordance with section 2G. 10 (2) A court may include provision of the kind described in subsection (1) in an order only if it is satisfied that— (a) there is a chance of a change in the pursuer’s physical or mental condition occurring at some definite or indefinite point in the future, and (b) should the change occur, the pursuer would be significantly over- or 15 under-compensated by the damages being awarded for future pecuniary loss. (3) In an order including provision of the kind described in subsection (1), a court— (a) must specify the sort of change in the pursuer’s physical or mental 20 condition which must occur before an application may be made for— (i) variation of the order, or (ii) suspension of the right to receive payments under the order, and (b) may specify a period within which any such application must be made (either generally or in respect of a specified sort of change in the 25 pursuer’s condition). 2F Variation of court-ordered periodical payments (1) A court which has made an order under which damages for future pecuniary loss are wholly or partly to take the form of periodical payments may vary the order. 30 (2) In varying the order, the court may— (a) alter the terms on which periodical payments in respect of future pecuniary loss are to be paid, in particular— (i) the amount that is to be paid as a periodical payment, (ii) the basis (if any) on which the amount of the payments is to adjust 35 to reflect inflation, (iii) the frequency of the payments, (iv) the period during which the payments are to be made, (v) the method by which the payments are to be made, (b) award a lump sum instead of, or in addition to, any future periodical 40 payments in respect of future pecuniary loss. 6 Damages (Investment Returns and Periodical Payments) (Scotland) Bill Part 2—Periodical payments of damages (3) The court may vary the order only if— (a) the order includes provision under section 2E(1) enabling an application to be made for its variation, and (b) it is satisfied that— 5 (i) since the order was made, a change has occurred in the physical or mental condition of the injured person which is of a sort specified in the order in accordance with section 2E(3)(a), and (ii) as a result of the change, the damages awarded for future pecuniary loss will significantly over- or under-compensate the 10 injured person unless the order is varied. (4) The court may vary the order only if it is satisfied that the continuity of payment under the order is still reasonably secure (with section 2C(1) to be used for this too). (5) Ordinarily, the court may not vary the order— 15 (a) where a period within which an application for variation may be made is specified in the order, on an application made outwith that period, (b) more than once in respect of each sort of change specified in the order in accordance with section 2E(3)(a). (6) But the court may— 20 (a) allow a late application on cause shown by reference to delay in information becoming known to the applicant if it is satisfied that the delay is not attributable to something which the applicant unreasonably failed to do, (b) vary the order despite subsection (5)(a) or (b) if it is satisfied that there 25 are exceptional circumstances justifying doing so. (7) A reference in this section to the injured person is to the person who suffered the injury in respect of which the order has been made. 2G Suspension of court-ordered periodical payments (1) A court which has made an order under which damages for future pecuniary 30 loss are wholly or partly to take the form of periodical payments may suspend the right to receive payments under the order. (2) The court may suspend the right to receive the payments only if— (a) the order includes provision under section 2E(1) enabling an application to be made for suspension of the right to receive the payments, and 35 (b) it is satisfied that— (i) since the order was made, a change has occurred in the physical or mental condition of the injured person which is of a sort specified in the order in accordance with section 2E(3)(a), and (ii) as a result of the change, the damages awarded for future 40 pecuniary loss will significantly over-compensate the injured person unless the right to receive the payments is suspended.
Official Report
Meeting date:
10 November 2022
COVID-19 Recovery Committee 10 November 2022
Anyone who is trying to predict the future is probably barking up the wrong tree.
Official Report
Meeting date:
3 November 2022
Meeting of the Parliament 03 November 2022
One of the key things that today’s debate has brought to the fore is the future, and this week’s announcements show the future around our public finances.
Committee reports
Date published:
6 April 2022
Inquiry into the Scottish Government’s International Work - Current International Framework
This includes links with governance bodies in Scotland's identified priority countries along with working with Scottish diaspora in the priority countries;
Reputation and attractiveness – to build Scotland's reputation and international attractiveness.
Official Report
Meeting date:
3 December 2013
Meeting of the Parliament 03 December 2013
We have renewables activity on the site and the trust is running a carbon challenge project in the village.
Official Report
Meeting date:
22 April 2014
Health and Sport Committee 22 April 2014
That then brings into sharp relief the provision of services across three sites. NHS Lanarkshire has taken that into account and has vascular surgery on one site, so the vascular trainees are in a rota on one site.
Official Report
Meeting date:
16 November 2016
Meeting of the Parliament 16 November 2016
Does she agree that marine tourism, which incorporates cruise tourism, is a vital sector in providing future growth and employment opportunities across the country?
Official Report
Meeting date:
26 June 2025
Education, Children and Young People Committee 26 June 2025
Is it not right that you bet the future of the whole university, and the city, on rapid and continued growth?
