Section 25.24

Where in a claim for personal injuries there is a contested application for interim payment of damages, the defendant must obtain a certificate from the Secretary of State (as defined in rule 36.20(1)(e)) where the claim— falls under the heads of damage set out in column 1 of Schedule 2 to the Social Security (Recovery of Benefits) Act 1997 (‘the 1997 Act’) in respect of recoverable benefits received by the claimant set out in column 2 of that Schedule, or includes damages in respect of a disease for which a lump sum payment within the definition in section 1A(2) of the 1997 Act has been, or is likely to be made; and the defendant is liable to pay a recoverable amount (as defined in rule 36.20(1)(c)) to the Secretary of State. A copy of the certificate must be filed at the hearing of the application. The order must set out the deductible amount (as defined in rule 36.20(1)(d)). The payment made to the claimant must be the net amount but for the purpose of calculating the payment after the final judgment, the gross amount of the interim payment must be used.

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Source: legislation.gov.uk · retrieved 2026-08-15