AL v Collingwood Insurance & Ors [2021] EWHC 1761 (QB) (28 June 2021)

AL v Collingwood Insurance & Ors [2021] EWHC 1761 (QB) (28 June 2021)

The court has jurisdiction under CPR 25.7(4) to order an interim payment that includes accommodation costs and, where there is a real and immediate need, additional elements of future loss. The evidence establishes to a high degree of confidence that the interim payment sought is reasonably necessary for the claimant's rehabilitation and stability, and the amount is a reasonable proportion of the likely final judgment.

Citation
[2021] EWHC 1761
Parties
Claimant: AL (by her Mother and Litigation Friend, S); First Defendant: A; Second Defendant: T; Third Defendant: Collingwood Insurance Company Ltd
Jurisdiction
England and Wales
Judgment Date
28 June 2021
Procedural Posture
Personal Injury Claim / Application for Further Interim Payment
Outcome
Application granted
Legal Topics
Interim Payments, Brain Injury, Child Claimant, Accommodation Costs, Rehabilitation, CPR 25.7(4)
Personal Injury Civil Procedure Interim Payments Brain Injury Child Claimant Accommodation Costs Rehabilitation CPR 25.7(4)

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Parties

AL (by her Mother and Litigation Friend, S)

Claimant

A

First Defendant

T

Second Defendant

Collingwood Insurance Company Ltd

Third Defendant

Procedural Posture

Personal Injury Claim / Application for Further Interim Payment

Legal Issues

  1. 1 Whether the court has jurisdiction to order the interim payment sought under CPR 25.7(4)
  2. 2 Whether the evidence justifies a further interim payment of £500,000 for care, rehabilitation, and accommodation

Ratio Decidendi

The court has jurisdiction under CPR 25.7(4) to order an interim payment that includes accommodation costs and, where there is a real and immediate need, additional elements of future loss. The evidence establishes to a high degree of confidence that the interim payment sought is reasonably necessary for the claimant's rehabilitation and stability, and the amount is a reasonable proportion of the likely final judgment.

Court Disposition

Application granted

Orders

  • Further interim payment of £500,000 to the claimant