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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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