Magistrates Court Act 1991

In an action for damages, the Court may give a declaratory judgment finally determining the question of liability between the parties, but leaving the quantum of damages to be determined subsequently.

The Court may, at the time of giving declaratory judgment or subsequently, order the defendant—

to make such interim payments as the Court thinks fit on account of the damages that are yet to be finally assessed (but such payments should not include any allowance for non-economic loss unless the Court is satisfied that there is good reason for including such an allowance);

to give such security as the Court thinks fit for the payment of damages yet to be assessed.

If—

declaratory judgment is given in a case of personal injury;

the injured person is incapacitated (wholly or partially) for employment; and

it appears to the Court that the injured person is not making adequate efforts towards rehabilitation for employment, a component of an interim payment attributable to loss of earnings must not exceed 75% of the loss of earnings over the period to which the interim payment relates.

A party to an action in which declaratory judgment has been given may at any time apply to the Court for a final assessment of damages.

If an application is made under subsection (4) and—

the action arises from personal injury and the medical condition of the injured person appears to have stabilised; or

four years or more have elapsed since the date of the declaratory judgment, the application should not be refused except in exceptional circumstances.

If a party in whose favour a declaratory judgment has been given dies before the final assessment of damages—

the administrator of the deceased's estate may continue the action for the benefit of the estate (in which case the deceased's damages will be finally assessed to the date of death and further allowance may be made for damages allowable under the Survival of Causes of Action

if the deceased's death was caused or accelerated by the circumstances out of which the action arose—the administrator may convert the action into one on behalf of dependants under the

If the administrator converts the action into one on behalf of dependants, the Court will, in assessing damages on behalf of the dependants, make a proper allowance for damages paid to the deceased.