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 court held that a reasonable proportion of the likely amount of the final judgment (70% of £260,000, i.e. £182,000) was 75%, resulting in £136,500, from which previous payments (£80,000) were deducted, leaving a further interim payment of £56,500 to be ordered.

Citation
[2007] EWHC 89 (QB)
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, Assessment of Damages, Court of Protection, Disability Claims
Personal Injury Civil Procedure Interim Payments Assessment of Damages Court of Protection 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 the interim payment sought by the claimant
  2. 2 What is a reasonable proportion of the likely amount of the final judgment for interim payment purposes under CPR 25.7(4)

Ratio Decidendi

The court held that a reasonable proportion of the likely amount of the final judgment (70% of £260,000, i.e. £182,000) was 75%, resulting in £136,500, from which previous payments (£80,000) were deducted, leaving a further interim payment of £56,500 to be ordered.

Court Disposition

Appeal allowed

Orders

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