Relationship with orders or awards of other courts and tribunals

Current

(1)

A compensation order is not to be made if another court or tribunal has awarded compensatory damages or compensation in civil proceedings in respect of the damage based on the same or similar facts, and if a court purports to make an order under this Part in those circumstances —

(a)

the order has no effect to the extent that it covers the same matters as those covered by the other award; and

(b)

any payments made under the order to the extent to which it has no effect must be repaid by the road authority.

(2)

The making of a compensation order does not prevent another court or tribunal from afterwards awarding damages or compensation in civil proceedings in respect of the damage based on the same or similar facts, but the court or tribunal must take the order into account when awarding damages or compensation.

This Act’s bill:Explanatory memorandum Second reading speech

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130 Relationship with orders or awards of other courts and tribunals