This section has effect where—
a compensation order has been made in favour of any person in respect of any injury, loss or damage, and
a claim by the person in civil proceedings for damages in respect of the injury, loss or damage subsequently falls to be determined.
The damages in the civil proceedings must be assessed without regard to the order.
But the claimant may recover only an amount equal to the aggregate of—
any amount by which the damages assessed exceed the compensation, and
a sum equal to any portion of the compensation which the person fails to recover (“unrecovered compensation”).
The claimant may not enforce the judgment, so far as it relates to unrecovered compensation, without the leave of the court.