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The Damages (Variation of Periodical Payments) Order 2005
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- 2005 No. 841
- Article 9
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Variable agreements
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9.—(1) If there is agreed to be a chance that at some definite or indefinite time in the future the claimant will —
(a)as a result of the act or omission which gave rise to the cause of action, develop some serious disease or suffer some serious deterioration, or
(b)enjoy some significant improvement in his physical or mental condition, where that condition had been adversely affected as a result of that act or omission,
the parties to an agreement may agree that a party to it may apply to the court subsequently for its terms to be varied.
(2) Where the parties agree to permit an application to vary the terms of an agreement, the agreement —
(a)must expressly state that a party to it may apply to the court for its terms to be varied;
(b)must specify the disease or type of deterioration or improvement;
(c)may specify a period within which an application for it to be varied may be made;
(d)may specify more than one disease or type of deterioration or improvement and may, in respect of each, specify a different period within which an application for it to be varied may be made.
(3) A party who is permitted by an agreement to apply for its terms to be varied must obtain the court’s permission to apply for it to be varied.
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