EF v Darkwa & Anor [2019] EWHC 1005 (QB) (17 April 2019)

EF v Darkwa & Anor [2019] EWHC 1005 (QB) (17 April 2019)

The application for a further interim payment is refused because there is a real risk that the trial judge may conclude the claimant's past losses for care and accommodation should be reduced by significant margins due to failure to mitigate and the questionable necessity of the current care regime. Granting the further payment would risk overpayment beyond a reasonable proportion of the likely final judgment, and the claimant has not established sufficient need for the additional sum.

Citation
[2019] EWHC 1005
Parties
Claimant: EF (acting by his litigation friend, GH); First Defendant: Annys Jane Darkwa; Second Defendant: The Motor Insurers Bureau (acting through its agent, Direct Line Group)
Jurisdiction
England and Wales
Judgment Date
17 April 2019
Procedural Posture
Personal Injury Road Traffic Accident / Interim Payment Application Following Partial Settlement on Liability, Quantum in Dispute
Outcome
Application for further interim payment refused
Legal Topics
Interim Payments, Mitigation of Loss, Assessment of Damages, Care Costs, Accommodation Costs, Reasonable Proportion, Periodical Payments Orders (ppo)
Personal Injury Civil Procedure Interim Payments Mitigation of Loss Assessment of Damages Care Costs Accommodation Costs Reasonable Proportion +1 more

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Parties

EF (acting by his litigation friend, GH)

Claimant

Annys Jane Darkwa

First Defendant

The Motor Insurers Bureau (acting through its agent, Direct Line Group)

Second Defendant

Procedural Posture

Personal Injury Road Traffic Accident / Interim Payment Application Following Partial Settlement on Liability, Quantum in Dispute

Legal Issues

  1. 1 Whether the claimant is entitled to a further interim payment of £275,000 pending trial
  2. 2 Whether the current care and accommodation regime is reasonable and necessary
  3. 3 Whether the claimant failed to mitigate his loss by declining local authority support and accommodation

Ratio Decidendi

The application for a further interim payment is refused because there is a real risk that the trial judge may conclude the claimant's past losses for care and accommodation should be reduced by significant margins due to failure to mitigate and the questionable necessity of the current care regime. Granting the further payment would risk overpayment beyond a reasonable proportion of the likely final judgment, and the claimant has not established sufficient need for the additional sum.

Court Disposition

Application for further interim payment refused