101Relationship with orders or awards of other courts and tribunals

101 Relationship with orders or awards of other courts and tribunals

(1)  A compensation order may not 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 is void 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 is void must be repaid by the rail or 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.