Introductory

Cases in which this Order applies3

1

This Order applies in cases where—

a

a person makes a payment (whether on his own behalf or not) to or in respect of any other person in consequence of any accident, injury or disease suffered by the other, and

b

any listed benefits have been, or are likely to be, paid to or for the other during the relevant period in respect of the accident, injury or disease.

2

The reference in paragraph (1)(a) to a payment in consequence of any accident, injury or disease is to a payment made—

a

by or on behalf of a person who is, or is alleged to be, liable to any extent in respect of the accident, injury or disease, F1...

b

in pursuance of a compensation scheme for motor accidentsF2, or

c

under the Diffuse Mesothelioma Payment Scheme (established under the Mesothelioma Act 2014);

but does not include a payment mentioned in Part I of Schedule 1.

3

Paragraph (1)(a) applies to a payment made—

a

voluntarily, or in pursuance of a court order or an agreement, or otherwise, and

b

in the United Kingdom or elsewhere.

4

In a case where this Order applies—

a

the “injured person” is the person who suffered the accident, injury or, disease,

b

the “compensation payment” is the payment within paragraph (1)(a), ad

c

“recoverable benefit” is any listed benefit which has been or is likely to be paid as mentioned in paragraph (1)(b).