Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Requirements definition

What does Requirements mean? In Development Consent Order (DCO) practice, Requirements are the binding conditions that regulate how, when and on what detailed terms the authorised development may proceed. They typically oblige the undertaker to submit and secure approval of detailed design, construction, and environmental management documents (for example, CEMP, traffic, landscape, contamination and archaeology plans) before commencement, phased works or operation. The term is used in legislation: section 120 of the Planning Act 2008 permits a DCO to impose “requirements”. In most DCOs they are set out in a schedule (often Schedule 2) and function similarly to planning conditions under the Town and Country...

Personal injury periodical payments orders: funding security (FSCS/NHS/MIB), form of order and indexation (ASHE 6115/Thompstone; Ogden 8) in England and Wales

Published by a LexisNexis PI & Clinical Negligence expert

Practice notes

Security

Where compensation is paid as a lump sum only, once Damages and costs have been settled, the claimant need not be concerned about future payment security. Conversely, if a Periodical payments order is made, the claimant will depend on that security for the rest of their life. The court treats security of payment as essential and will not make a periodical payments order unless satisfied that the ongoing payments are reasonably secure. Payments are automatically treated as reasonably secure where:

the payer is a government or health service body
the insurer benefits from protection under the Financial Services Compensation Scheme (FSCS)
a ministerial guarantee applies

The first two situations are commonplace, while the third is relatively rare.

Government or health service body

There are many government or health service bodies listed in the Damages (Government and Health Service Bodies) Order 2005, SI 2005/474. Settlements reached between claimants and NHS bodies (including foundation trusts) have been confirmed as reasonably secure under a Model Order, in which the NHS Litigation Authority (now NHS Resolution) agreed to be named as the...

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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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