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Periodical payments (Scotland) meaning

What does Periodical payments (Scotland) mean?
In Scottish personal injury practice, periodical payments are regular, continuing instalments of damages for future pecuniary loss (for example, future care, case management and therapies), instead of or alongside a lump sum. Often called Periodical Payment Orders (PPOs), they aim to match a claimant’s ongoing needs over time. In Scotland, the statutory framework is set by the Damages (Investment Returns and Periodical Payments) (Scotland) Act 2019, which empowers the court to order PPOs and sets requirements for secure, index‑linked payments. Key features include: scheduled payments for life or a defined term; inflation protection; and a focus on the security of the paying party (commonly an insurer or public body) to ensure continuity. PPOs are typically used in catastrophic injury claims to manage longevity and investment risk that arise with lump‑sum awards. Across the UK and Ireland, broadly similar concepts exist but under different statutes and procedures: England and Wales (Damages Act 1996 and Courts Act 2003), Northern Ireland (equivalent statutory regime), and Ireland (Civil Liability (Amendment) Act 2017). The availability, indexation basis and variation powers are jurisdiction‑specific, so practitioners should check the relevant legislation and court rules when advising on settlement structure and enforcement.
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View the related Practice Notes about Periodical payments (Scotland)

PRACTICE NOTES
Personal injury trusts in Scotland: set-up, trusteeship, benefits and care disregards, tax, periodical payments and key practice points, with update on the Trusts and Succession (Scotland) Act 2024.

FORTHCOMING CHANGE : The Trusts and Succession (Scotland) Act 2024 obtained Royal Assent on 30 January 2024, representing the first substantive review of trusts law in Scotland in more than a century since the principal statute, the Trusts (Scotland) Act 1921, was enacted. The trusts provisions will commence only once Scottish Ministers make the required secondary legislation, whereas some succession measures took effect on 30 April 2024. The core updates designed to modernise the law are set out in News Analysis: Trusts and Succession (Scotland) Bill passed. Practice Notes covering Scottish trusts and succession will be further revised to reflect this new legislation. What is a Personal Injury (‘PI’) trust? A PI trust is: any type of lawful trust arrangement that ring-fences sums paid as a result of personal injury to the injured individual for the injured person’s benefit A PI trust is characterised by the source of the trust assets and the beneficiary. Accordingly, a trust that holds...

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