Complete Damages Flowchart

The above summary indicates that, for 1971 Act cases, a quite different management process and approach is required.  In particular, common law procedures only relate to 1971 Act claims.  Common law claims made under section 45 of the 1988 Act do not have a 'recovery' clause.

However primarily, the recovery approach where settlement is reached is the same for both 1971 and 1988 Act cases.  Residual procedures post recovery are where most differentiation occurs.  Pre and post 1988 cases have each been separated in this Part to form their own distinct areas, to cater for those residual procedures.