Civil Litigation Brief
Menu
  • Home
  • About
  • Membership Plans
  • Webinars
  • Login
Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » provisional damages
PROVING THINGS 283: FAILING TO ESTABLISH A CLAIM FOR PROVISIONAL DAMAGES FOR  ONE SET OF SYMPTOMS BUT ESTABLISHING IT IN ANOTHER

PROVING THINGS 283: FAILING TO ESTABLISH A CLAIM FOR PROVISIONAL DAMAGES FOR ONE SET OF SYMPTOMS BUT ESTABLISHING IT IN ANOTHER

March 23, 2026 · by gexall · in Access to justice, Civil evidence, Civil Procedure, Clinical Negligence, Damages, Members Content, Personal Injury

There are relatively few judgments in which the law and practice relating to provisional damages are considered in detail. We have such a case here.  Further it is an example of the claimant failing to establish provisional damages in relation…

THE ESTATE OF A DECEASED PERSON CAN BE SUBSTITUTED AS A PARTY WHEN THERE IS A  PROVISIONAL DAMAGES ORDER: HIGH COURT DECISION TODAY

THE ESTATE OF A DECEASED PERSON CAN BE SUBSTITUTED AS A PARTY WHEN THERE IS A PROVISIONAL DAMAGES ORDER: HIGH COURT DECISION TODAY

July 22, 2022 · by gexall · in Applications, Damages, Fatal Accidents, Members Content, Personal Injury

In  Power v Bernard Hastie & Company Ltd & Ors [2022] EWHC 1927 (QB) Mr Justice Johnson held that the estate of a claimant who had obtained a provisional damages order can take advantage of that order.  The order was…

HOW SHOULD DAMAGES FOR PAIN AND SUFFERING BE ASSESSED WHEN PROVISIONAL DAMAGES ARE BEING AWARDED? A HIGH COURT CASE

HOW SHOULD DAMAGES FOR PAIN AND SUFFERING BE ASSESSED WHEN PROVISIONAL DAMAGES ARE BEING AWARDED? A HIGH COURT CASE

November 1, 2020 · by gexall · in Damages, Members Content, Personal Injury

In  Hamilton v NG Bailey Ltd [2020] EWHC 2910 (QB) Dan Squires QC (sitting as a Deputy High Court Judge) considered the issue of what discount should be made on an award for pain, suffering and loss of amenity, when…

PROVISIONAL DAMAGES NOT AWARDED FOR RISK OF DETERIORATION IN PSYCHOLOGICAL CONDITION

PROVISIONAL DAMAGES NOT AWARDED FOR RISK OF DETERIORATION IN PSYCHOLOGICAL CONDITION

September 19, 2017 · by gexall · in Applications, Damages, Members Content

In XX v Whittington Hospital NHS Trust [2017] EWHC 2318 (QB) Sir Robert Nelson considered the question of whether provisional damages should be awarded in relation to a possible deterioration in a claimant’s psychological condition. The fact that the deterioration was…

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email. Subscription notifies you of a new post, it does not give you access to members' content.

Join 12.4K other subscribers

Recent Posts

  • COMMERCIAL LITIGATORS ON THE NAUGHTY STEP 3: WHY PD57AC WAS INTRODUCED: “THE PROPER AND SENSIBLE SCOPE OF EVIDENCE-IN-CHIEF IS NO LONGER THE STOCK-IN-TRADE KNOWLEDGE OF THOSE RESPONSIBLE FOR PROOFING WITNESSSES…”
  • PROVING THINGS 288: HOW SHOULD A COURT CONSIDER A CLAIM FOR LOSS OF EARNINGS WHEN THE CLAIMANT IS STILL IN EMPLOYMENT? SMITH -v- MANCHESTER APPROACH PREVAILS
  • CLAIMS FOR LOSS OF EARNINGS: AVOIDING THE PITFALLS: WEBINAR 19th JUNE 2026 (TOGETHER WITH A USEFUL QUESTIONNAIRE AND SERIES OF CHECKLISTS)
  • THE “WEAPONISATION” OF APPLICATIONS TO COMMIT IN CIVIL PROCEEDINGS: IT’S NOT CLEVER, IT’S NOT “TOUGH” AND IT CERTAINLY IS NOT A MARKETING TOOL
  • COST BITES 378 : REFORM OF THE SOLICITORS ACT 1974, PART III: READ THE CONSULATION PAPER: A CHANCE TO COMMENT ON THE PROVISIONS THAT ARE “A GREAT MYSTERY” TO MANY SOLICITORS (NOT MY WORDS…)

Top Posts

  • THE "WEAPONISATION" OF APPLICATIONS TO COMMIT IN CIVIL PROCEEDINGS: IT'S NOT CLEVER, IT'S NOT "TOUGH" AND IT CERTAINLY IS NOT A MARKETING TOOL
  • THROWBACK FRIDAY: SCHEDULES AND COUNTER-SCHEDULES ARE NOT A "NUMBER CRUNCHING EXERCISE" (APRIL 2018)
  • PROVING THINGS 288: HOW SHOULD A COURT CONSIDER A CLAIM FOR LOSS OF EARNINGS WHEN THE CLAIMANT IS STILL IN EMPLOYMENT? SMITH -v- MANCHESTER APPROACH PREVAILS
  • COMMERCIAL LITIGATORS ON THE NAUGHTY STEP 3: WHY PD57AC WAS INTRODUCED: "THE PROPER AND SENSIBLE SCOPE OF EVIDENCE-IN-CHIEF IS NO LONGER THE STOCK-IN-TRADE KNOWLEDGE OF THOSE RESPONSIBLE FOR PROOFING WITNESSSES..."
  • COST BITES 378 : REFORM OF THE SOLICITORS ACT 1974, PART III: READ THE CONSULATION PAPER: A CHANCE TO COMMENT ON THE PROVISIONS THAT ARE "A GREAT MYSTERY" TO MANY SOLICITORS (NOT MY WORDS...)

Archives

Blogroll

  • Fatal Accident Law
  • Legal Futures
  • Personal injury: Liability and Damages

Books

  • Munkman & Exall on Damages for Personal Injuries and Death 15th ed
  • The APIL Guide to Fatal Accidents 4th edition

Useful Links

  • Buntools (for preparing PDF Bundles)
  • Kings Chambers
  • Kings Chambers Costs & Litigation Funding
  • Kings Chambers Serious Injury
  • The Civil Procedure Rules
  • The Law Society Gazette
  • The National Archives Recently Published Judgments
  • The Senior Court Costs Office Guide 2025
  • www.Bailii.org

Copyright

© Gordon Exall, Exall Legal Training, Civil Litigation Brief, 2013-2026. Unauthorised use and or duplication of the material contained on this blog without permission is strictly prohibited.
Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use.

To find out more, including how to control cookies, see here: Cookie Policy
  • Membership Terms and Conditions
  • Privacy Policy
  • Advertising Policy
  • Copyright
  • Legal Disclaimer

Copyright © 2026 Civil Litigation Brief

Powered by Big Yellow Workshop

 

Loading Comments...
 

You must be logged in to post a comment.