The Criminal Justice (Children) (Northern Ireland) Order 1998 No. 1504 (NI. 9)

PART VI N.I. SENTENCING AND OTHER POWERS

Fines and recognizances N.I.

Prospective

[F1 Effect of parental compensation order on subsequent award of damages in civil proceedings N.I.

36ZE— (1) This Article has effect where—

(a) a parental compensation order has been made in favour of any person in respect of any taking or loss of property or damage to it; and

(b) a claim by him in civil proceedings for damages in respect of the taking, loss or damage is then to be determined.

(2) The damages in the civil proceedings shall be assessed without regard to the parental compensation order, but the claimant may recover only 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.

(3) The claimant may not enforce the judgment, so far as it relates to such a sum as is mentioned in paragraph (2)(b), without the leave of the court.]

F1 Arts. 36ZA-36ZE inserted (prosp.) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 144, 178(8), Sch. 10 para. 8 (with Sch. 10 para. 10)