Spillman v Bradfield Riding Centre [2007] EWHC 89 (QB) (06 February 2007)

Spillman v Bradfield Riding Centre [2007] EWHC 89 (QB) (06 February 2007)

The Master failed to properly apply CPR 25.7 by not determining the likely amount of the final judgment and a reasonable proportion thereof; on the evidence, a further interim payment of £56,500 is justified based on 75% of 70% of £260,000, less payments already made.

Citation
[2007] EWHC 89
Parties
Appellant/claimant: Jade Spillman; Respondent/defendant: Bradfield Riding Centre
Jurisdiction
England and Wales
Judgment Date
06 February 2007
Procedural Posture
Personal Injury Appeal / Appeal From Interim Payment Order
Outcome
Appeal allowed
Legal Topics
Interim Payments, Damages Assessment, Disability Claims
Personal Injury Civil Procedure Interim Payments Damages Assessment Disability Claims

Case Brief

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Parties

Jade Spillman

Appellant/claimant

Bradfield Riding Centre

Respondent/defendant

Procedural Posture

Personal Injury Appeal / Appeal From Interim Payment Order

Legal Issues

  1. 1 Whether the Master erred in refusing a higher interim payment under CPR 25.7
  2. 2 What is a reasonable proportion of the likely final judgment for interim payment purposes

Ratio Decidendi

The Master failed to properly apply CPR 25.7 by not determining the likely amount of the final judgment and a reasonable proportion thereof; on the evidence, a further interim payment of £56,500 is justified based on 75% of 70% of £260,000, less payments already made.

Court Disposition

Appeal allowed

Orders

  • A further interim payment of £56,500 to the claimant