X v. Y (Estate) [2014] 2 JLR 444 (23 October 2014)

X v. Y (Estate) [2014] 2 JLR 444 (23 October 2014)

The court has inherent jurisdiction to make a consent order for periodical payments in personal injury cases if the conditions precedent to such an order under the English Damages Act 1996 are satisfied and the parties submit to directions to allow the court to supervise the order.

Citation
[2014] 2 JLR 444
Parties
Plaintiff: X; Defendant: Y (Estate)
Jurisdiction
Jersey
Judgment Date
23 October 2014
Procedural Posture
Tort Personal Injuries Damages / Application for Periodical Payments Order
Outcome
Consent order for periodical payments may be made if conditions are satisfied and parties submit to directions.
Legal Topics
Damages, Periodical Payments, Inherent Jurisdiction
Tort Personal Injury Damages Periodical Payments Inherent Jurisdiction

Case Brief

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Parties

X

Plaintiff

Y (Estate)

Defendant

Procedural Posture

Tort Personal Injuries Damages / Application for Periodical Payments Order

Legal Issues

  1. 1 Whether the court can make a consent order for periodical payments comparable to those under the English Damages Act 1996
  2. 2 What conditions must be satisfied for such an order

Ratio Decidendi

The court has inherent jurisdiction to make a consent order for periodical payments in personal injury cases if the conditions precedent to such an order under the English Damages Act 1996 are satisfied and the parties submit to directions to allow the court to supervise the order.

Court Disposition

Consent order for periodical payments may be made if conditions are satisfied and parties submit to directions.