Smith v Bailey [2014] EWHC 2569 (QB) (28 July 2014)

Smith v Bailey [2014] EWHC 2569 (QB) (28 July 2014)

The Master was correct to reject contributory negligence due to lack of evidence and to include accommodation costs in the interim payment assessment, as there was a high degree of confidence that the trial judge would award a capital sum for accommodation needs. The Defendant failed to adduce evidence to support rental as a reasonable alternative, and the interim payment did not fetter the trial judge's discretion.

Citation
[2014] EWHC 2569 (QB)
Parties
Claimant/respondent: Melvyn Smith; Defendant/appellant: Richard Bailey
Jurisdiction
England and Wales
Judgment Date
28 July 2014
Procedural Posture
Personal Injury Appeal / Appeal From Interim Payment Order
Outcome
Appeal dismissed
Legal Topics
Interim Payments, Contributory Negligence, Accommodation Costs, Damages Assessment
Personal Injury Civil Procedure Interim Payments Contributory Negligence Accommodation Costs Damages Assessment

Case Brief

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Parties

Melvyn Smith

Claimant/respondent

Richard Bailey

Defendant/appellant

Procedural Posture

Personal Injury Appeal / Appeal From Interim Payment Order

Legal Issues

  1. 1 Whether contributory negligence should reduce interim payment
  2. 2 Whether accommodation costs should be included in interim payment assessment

Ratio Decidendi

The Master was correct to reject contributory negligence due to lack of evidence and to include accommodation costs in the interim payment assessment, as there was a high degree of confidence that the trial judge would award a capital sum for accommodation needs. The Defendant failed to adduce evidence to support rental as a reasonable alternative, and the interim payment did not fetter the trial judge's discretion.

Court Disposition

Appeal dismissed

Orders

  • Interim payment of £500,000 to Claimant upheld