Provisional damages let a court compensate you now on the assumption that a named serious disease or serious deterioration will not happen, while keeping your right to apply for further damages if it does. In England and Wales the chance must be proved or admitted, the claim must be included in the particulars of claim, and the order must name the condition and the period for applying. You can make only one application for each condition named, after giving at least 28 days' written notice to the defendant. Scotland has a similar power, limited to cases where the person responsible was a public authority or was insured.
Some injuries carry a risk of something worse later. Provisional damages deal with that risk without waiting years for it to happen or not: you are compensated now on the basis that it will not happen, and the door stays open if it does. The rules are in section 32A of the Senior Courts Act 1981, section 51 of the County Courts Act 1984 and Part 41 of the Civil Procedure Rules.
This guide explains the test, the order and the later application, as published on legislation.gov.uk and justice.gov.uk as of 28 September 2026. It is general information, not legal advice, and it gives no compensation amounts. See also how compensation is paid and medical evidence.
What provisional damages are
Section 32A applies to an action for damages for personal injuries in which there is proved or admitted to be a chance that at some definite or indefinite time in the future the injured person will, 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 in their physical or mental condition. In those cases the court can award:
- damages assessed on the assumption that the injured person will not develop the disease or suffer the deterioration; and
- further damages at a future date if they do.
Section 51 gives county courts the same power, and personal injuries include any disease and any impairment of a person's physical or mental condition. Two parts of the test matter most: the chance must be proved or admitted, and the disease or deterioration must be serious. Whether a later condition was actually caused by the original injury is decided when the application for further damages is made.
Asking for provisional damages
Under rule 41.2 the court may make an order for provisional damages only if the particulars of claim include a claim for them and the court is satisfied that section 32A or section 51 applies. Rule 16.4 and Practice Direction 16 say the particulars of claim must state that you are seeking an award of provisional damages under one of those sections, that there is a chance that at some future time you will develop some serious disease or suffer some serious deterioration, and which disease or type of deterioration a later application may be made for.
If the defendant does not respond to the claim, you cannot enter judgment in default unless you abandon the claim for provisional damages; instead you apply for directions, and the judge will normally decide whether the claim is suitable for provisional damages and the amount of immediate damages.
Claims can settle on provisional terms. A Part 36 offer must say whether the settlement will include an award of provisional damages, and if it does, it must state that the claimant must make any claim for further damages within a limited period and what that period is. If you accept such an offer, you must apply to the court for an award of provisional damages within 7 days of the date of acceptance. Any consent order is made by an application under Part 23 and set out as a consent judgment. If the claimant is a child or a protected party, the court must also approve it, normally at a hearing; see claiming for a child or dependant and Part 36 offers.
What the order must say
The order is the document you will rely on years later, so check it carefully:
| What the order does | Rule |
|---|---|
| Name the disease or type of deterioration a future application may be made for | 41.2(2)(a) |
| Set the period within which that application may be made; it may be for the claimant's lifetime | 41.2(2)(b); PD 41A 2.3 |
| Cover more than one condition, each with its own period | 41.2(2)(c) |
| Direct which documents are kept as the case file | PD 41A 2.1(4) |
The case file normally includes the judgment, the statements of case, a transcript of the judge's oral judgment, all medical reports relied on and any parts of the claimant's evidence the judge considers necessary. After a settlement it is normally the consent judgment, the statements of case, an agreed statement of facts and any agreed medical reports. The court keeps the case file until the period, or any extension, has expired, and legal representatives have a duty to preserve their own file. Keep your own copies too.
Applying for further damages
If the named condition develops, rule 41.3 sets the steps:
- You cannot apply after the end of the period in the order, or any extended period, so check the date first.
- Give at least 28 days' written notice to the defendant of your intention to apply for further damages, and to the defendant's insurers too if you know who they are.
- Within 21 days after the end of that 28-day notice period, apply for directions.
- Only one application for further damages may be made for each disease or type of deterioration named in the award.
Because causation is decided on that application, the medical evidence will need to address whether the new condition was caused by the original injury. You can apply more than once to extend the period, and a current medical report should be filed with an application to extend.
Provisional damages timetable checker
Indicative only. It applies section 32A of the Senior Courts Act 1981, section 51 of the County Courts Act 1984, rules 36.19, 41.2 and 41.3 of the Civil Procedure Rules, Practice Direction 41A and section 12 of the Administration of Justice Act 1982 as published on 28 September 2026. Your order and your solicitor's advice come first. It is not legal advice. Nothing you enter leaves your browser.
If the injured person dies
Section 3 of the Damages Act 1996 deals with a person who was awarded provisional damages and later dies because of the same act or omission. The award does not bar a claim for the death under the Fatal Accidents Act 1976. Any part of the provisional or further damages that was meant to compensate for financial loss after the date of death is taken into account in assessing the dependants' loss of support, and further damages awarded after the death cannot include loss of income for any period after it. See our guide to fatal accident claims.
Scotland and Northern Ireland
In Scotland, section 12 of the Administration of Justice Act 1982 allows provisional damages where there is proved or admitted to be a risk that the injured person will develop some serious disease or suffer some serious deterioration, but only if the person responsible was, at the time of the act or omission, a public authority or public corporation, or insured or otherwise indemnified in respect of the claim. The court acts on the application of the injured person and may order that any application for further damages be made only within a specified period. See making a claim in Scotland.
In Northern Ireland, the power comes from paragraph 10 of Schedule 6 to the Administration of Justice Act 1982, and section 3 of the Damages Act 1996 applies with the Fatal Accidents (Northern Ireland) Order 1977 in place of the 1976 Act. Take advice from a solicitor in Northern Ireland on the court procedure there.
Frequently asked questions
What are provisional damages?
Compensation assessed now on the assumption that a named serious disease or serious deterioration will not happen, with the right to apply for further damages if it does. They come from section 32A of the Senior Courts Act 1981, section 51 of the County Courts Act 1984 and Part 41 of the Civil Procedure Rules.
What is the test for provisional damages?
There must be a chance, proved or admitted, that the injured person will develop a serious disease or suffer a serious deterioration because of the same act or omission. In England and Wales the claim must be in the particulars of claim. In Scotland the person responsible must also have been a public authority or insured.
How long do I have to apply for further damages?
As long as the order allows. It must set a period for each condition, which can be the claimant's lifetime, and you can apply to extend it. You must give at least 28 days' written notice before applying and apply for directions within 21 days after the notice period ends.
Can I settle a claim on a provisional damages basis?
Yes. A Part 36 offer must say whether it includes provisional damages and, if so, the limited period for further claims; after acceptance you must apply to the court within 7 days. Consent orders are made by application and set out as a consent judgment, with court approval for a child or protected party.
Can I apply for further damages more than once?
Only once for each disease or type of deterioration named in the order. If the order names more than one condition, each can have its own period and its own application.
Official sources for the rules
- Civil Procedure Rules, Part 41: rules 41.1 to 41.3 on provisional damages, on justice.gov.uk
- Practice Direction 41A: the order, the case file, consent orders and default judgment
- legislation.gov.uk: section 32A of the Senior Courts Act 1981 and section 51 of the County Courts Act 1984
- legislation.gov.uk: section 12 of the Administration of Justice Act 1982 for Scotland
Related guides: how compensation is paid, interim payments, going to court, asbestosis claims and brain injury claims.
Official sources used for this guide: Senior Courts Act 1981, section 32A; County Courts Act 1984, section 51; Civil Procedure Rules, Part 41; Practice Direction 41A; Practice Direction 16; Civil Procedure Rules, Part 36; Damages Act 1996, section 3; Administration of Justice Act 1982, section 12. This guide is general information about the law in the UK, not legal advice; the law can change, so check your own position with a regulated solicitor.