Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Provisional damages definition

What does Provisional damages mean? Provisional damages are an award in a personal injury claim that compensates the claimant now while reserving the right to return to court for further damages if a specified serious disease develops or a serious deterioration later occurs because of the wrong. The court uses this where medical evidence proves or the defendant admits a real (not merely speculative) chance of such future harm. The first award is assessed on the basis that the identified risk does not materialise. The order will define the disease/deterioration and set a period within which the claimant may apply for further damages if it occurs....

Provisional Damages in Personal Injury: Statutory Basis, Criteria and Procedure (England and Wales)

Published by a LexisNexis PI & Clinical Negligence expert

Practice notes

Background and framework

Purpose of a provisional damages award

When the court grants a once-and-for-all lump sum, that award is meant to address losses already suffered and those expected ahead. Where a claimant’s prognosis remains uncertain, the court is empowered to order provisional damages to avert injustice to either of the parties.

If there is a risk that the claimant’s condition will deteriorate, fixing compensation by reference only to their current position could treat the claimant unfairly, leaving them under-compensated should their health decline. At the same time, it would be unjust to the defendant to make a lump sum in respect of a possible future condition that might never develop.

In addition to the power to make a periodical payments order, the court also has the ability to grant provisional damages so as to take account of future imponderables. In particular, that power ought to be exercised where compensating for the possibility that a claimant may suffer a serious deterioration would probably lead to overcompensation now, yet, if the risk were to materialise, the amount awarded would be insufficient to meet it. See further Practice Note: Periodical payments orders in personal ...

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Andrew Wilson

Andrew has more than 25 years’ experience of working in the fields of personal injury and occupational disease litigation, acting for both claimants and defendants. He trained at L Bingham & Co, gaining early experience in a number of important high profile claims involving the MIB. During the 1990s Andrew worked at Hextalls and then Kennedys, predominantly for defendants across a range of motor, employers’ liability and public liability matters many of which involved serious injuries or death. More recently, he has dealt with cases for claimants who have suffered serious injuries or occupational disease. He was a partner in a large specialist practice. He has provided seminars to solicitors and other legal professionals both for an external conference company and in house on the workings of the Civil Procedure Rules in the context of personal injury claims, amongst other...

Web page updated on 21/05/2026

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