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 to order the interim payment sought as long as it does not exceed a reasonable proportion of the likely final judgment, which may include accommodation costs and, where justified by evidence and necessity, additional elements of future loss. On the evidence, there is a real and immediate need for the payment to secure the claimant's accommodation and rehabilitation, and the amount sought is reasonable and proportionate.

Citation
[2021] EWHC 1761 (QB)
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 Road Traffic Accident / Application for Further Interim Payment
Outcome
Application granted
Legal Topics
Interim Payments, Brain Injury, Accommodation Costs, Child Claimant, Rehabilitation, CPR 25.7(4)
Personal Injury Civil Procedure Interim Payments Brain Injury Accommodation Costs Child Claimant 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 Road Traffic Accident / 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 to order the interim payment sought as long as it does not exceed a reasonable proportion of the likely final judgment, which may include accommodation costs and, where justified by evidence and necessity, additional elements of future loss. On the evidence, there is a real and immediate need for the payment to secure the claimant's accommodation and rehabilitation, and the amount sought is reasonable and proportionate.

Court Disposition

Application granted

Orders

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