Periodical payments

Flora v Wakom (Heathrow) Ltd [2006] All ER (D) 426 (Jul) (QBD); NLJ 11 August 1289

If an order for the periodical payment of damages does not identify on its face the manner in which the amount of the payments was to vary (to maintain their real value), then s2(8) of the Damages Act 1996 prescribes that it is to be treated as providing for what was set out in that subsection unless the order contained provision of a type identified in s2(9). There is nothing in the language of s2(8) or (9) to suggest that the power to make provision disapplying or modifying the effect of s2(8) could only be triggered in an exceptional case.