‘A Practical Guide to Periodical Payment Orders in Personal Injury Cases in Scotland’ is geared towards practitioners in Scotland who deal with personal injury cases involving future pecuniary losses. This is not restricted to practitioners who deal with serious injury cases in the traditional sense. The Damages (Investment Returns and Periodical Payments) (Scotland) Act 2019 was enacted in part on 1 July 2019. Part 2 of this Act deals with the use of periodical payments in personal injury cases and the relevant rules of court are awaited. They are however expected to be published in the near future.
Although, currently, periodical payment orders can be agreed extra-judicially in cases where both parties consent to them, once part 2 of the Act comes into force, practitioners will be under an obligation to provide advice in respect of their applicability in cases with future pecuniary losses. The court will also have the power to impose a periodical payment order even if parties do not consent to it but the individual circumstances of each case will be taken into account.
This book aims to provide an introduction to practitioners as to how to approach these cases and the practical factors that must be considered. It will provide background and context to periodical payment orders, their pros and cons and the practical steps that must be taken when they are being put in place.
ABOUT THE AUTHOR
Kirsty O’Donnell is an associate within the serious injury team at Digby Brown LLP. Digby Brown LLP are ranked in Chambers UK 2021 as band 1 for personal injury. Kirsty is part of the team who won the prestigious Catastrophic Injury Team of the Year Award at the UK wide Personal Injury Awards 2020 and litigation team of the year at the Scottish Legal Awards 2021. She is an accredited specialist in personal injury by the Law Society of Scotland and is accredited as a senior litigator by the Association of Personal Injury Lawyers (APIL). Kirsty is also a tutor on the diploma in legal practice post graduate course at the University of Glasgow for civil litigation.
Kirsty specialises in traumatic brain injury, spinal cord injury and amputation cases and also has significant experience in acting for families of individuals killed as a result of accidents. She acts for those injured in different types of accidents including workplace, road traffic, occupier’s liability and public liability cases. She also has significant advocacy experience in the Sheriff Courts, ASPIC and the Court of Session in Scotland.
PART I – LEGISLATION
2. The Damages (Investment Returns and Periodical Payments) (Scotland) Act 2019
3. 100% Compensation Principle
4. Problems With Future Loss Calculations
5. D’s Parent & Guardian (AP) v Greater Glasgow Health Board  CSOH 99 (“D’s Guardian”)
6. The Operation of Periodical Payment Orders
7. Periodical Payment Orders in Practice Under the Damages (Investment Returns and Periodical Payments) (Scotland) Act
PART II – CONSIDERATIONS
8. Lump Sum v Periodical Payment Orders
9. IFA – Value for Money Reports
10. Ancillary Considerations – Trusts/Capacity/Benefits/Local Authority Statutory Provision of Funding for Care