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).