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The Criminal Justice (Northern Ireland) Order 1994

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The Criminal Justice (Northern Ireland) Order 1994, Section 17 is up to date with all changes known to be in force on or before 26 January 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation


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Effect of compensation order on subsequent award of damages in civil proceedingsN.I.

17.—(1) This Article shall have effect where a compensation order or a service compensation order or award has been made in favour of any person in respect of any injury, loss or damage and a claim by him in civil proceedings for damages in respect of the injury, loss or damage subsequently falls to be determined.

(2) The damages in the civil proceedings shall be assessed without regard to the order or award; but the plaintiff may only recover an amount equal to the aggregate of the following—

(a)any amount by which they exceed the compensation; and

(b)a sum equal to any portion of the compensation which he fails to recover,

and may not enforce the judgment, so far as it relates to a sum such as is mentioned in sub-paragraph (b), without the leave of the court.

(3) In this Article a “service compensation order or award” means—

(a)an order requiring the payment of compensation under paragraph 11 of Schedule 5A to the Army Act 1955F1, of Schedule 5A to the Air Force Act 1955F2 or of Schedule 4A to the Naval Discipline Act 1957F3; or

(b)an award of stoppages payable by way of compensation under any of those Acts.

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