Editing Structured settlement (section)

== United Kingdom ==
The [[Damages Act 1996]] grants the power for courts in the United Kingdom to make periodical payments in cases of personal injury.<ref>{{Cite legislation UK|type=act|year=1996|chapter=48|act=Damages Act 1996}}</ref> This legislation was introduced to implement the recommendations of the Law Commission.<ref>{{Cite journal |last=Beatson |first=Jack |date=1997 |title=Has the Common Law a Future? |url=https://www.jstor.org/stable/4508343 |journal=The Cambridge Law Journal |volume=56 |issue=2 |pages=291–314 |issn=0008-1973}}</ref> Reforms were also made to tax law through the Finance Acts of 1995 and 1996 to ensure that payments made under structured settlements are tax free.<ref>{{Cite journal |last=Lewis |first=Richard |date=1997 |title=Lobbying and the Damages Act 1996: 'Whispering in Appropriate Ears' |url=https://www.jstor.org/stable/1097321 |journal=The Modern Law Review |volume=60 |issue=2 |pages=230–237 |issn=0026-7961}}</ref> As applied to England and Wales, Part 41 of the [[Civil Procedure Rules]]<ref>{{Cite web |title=PART 41 – DAMAGES – Civil Procedure Rules |url=https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part41 |access-date=2025-05-01 |website=www.justice.gov.uk |language=en-GB}}</ref> along with the accompanying Practice Direction 41B<ref>{{Cite web |title=PRACTICE DIRECTION 41B – PERIODICAL PAYMENTS UNDER THE DAMAGES ACT 1996 – Civil Procedure Rules |url=https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part41/pd_part41b |access-date=2025-05-01 |website=www.justice.gov.uk |language=en-GB}}</ref> set out the factors the court is to use to assess whether to make an order for periodical payment.

The law in Scotland slightly differs from the law in England, Wales and Northern Ireland: in Scotland, courts may only order periodical payments with the consent of the parties, while in the rest of the UK, courts can make an order for it with or without consent.<ref>{{Cite web |title=Structured settlements: worth a look? |url=https://www.lawscot.org.uk/members/journal/issues/vol-60-issue-03/structured-settlements-worth-a-look/ |access-date=2025-05-01 |website=Law Society of Scotland |language=en}}</ref> In 2019, the Scottish Parliament passed the [[Damages (Investment Returns and Periodical Payments) (Scotland) Act 2019]] to amend the rules concerning periodical payments.<ref>{{Cite legislation Scotland|act=Damages (Investment Returns and Periodical Payments) (Scotland) Act 2019|chapter=4|year=2019|type=act}}</ref>