Section 32A: Orders for provisional damages for personal injuries.

Senior Courts Act 1981 · 1981 c. 54View on legislation.gov.uk

Part II: JURISDICTION — : The High Court

This section applies to an action for damages for personal injuries in which there is proved or admitted to be a chance that at some definite or indefinite time in the future the injured person will, as a result of the act or omission which gave rise to the cause of action, develop some serious disease or suffer some serious deterioration in his physical or mental condition.

Subject to subsection (4) below, as regards any action for damages to which this section applies in which a judgment is given in the High Court, provision may be made by rules of court for enabling the court, in such circumstances as may be prescribed, to award the injured person—

damages assessed on the assumption that the injured person will not develop the disease or suffer the deterioration in his condition; and
further damages at a future date if he develops the disease or suffers the deterioration.

Any rules made by virtue of this section may include such incidental, supplementary and consequential provisions as the rule-making authority may consider necessary or expedient.

Nothing in this section shall be construed—

as affecting the exercise of any power relating to costs, including any power to make rules of court relating to costs; or
as prejudicing any duty of the court under any enactment or rule of law to reduce or limit the total damages which would have been recoverable apart from any such duty.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.