HDL v Butt & Anor [2025] EWHC 3410 (KB) (31 December 2025)

HDL v Butt & Anor [2025] EWHC 3410 (KB) (31 December 2025)

Given the substantive and genuine dispute on causation, with competing expert evidence as to whether the claimant's ongoing symptoms are attributable to the accident or to a genetic abnormality, the court cannot be satisfied that the claimant is entitled to a further interim payment without risking overpayment. The application for a further interim payment is therefore refused.

Citation
[2025] EWHC 3410 (KB)
Parties
Claimant: HDL (by his Litigation Friend, RCK); First Defendant: Waseem Butt; Second Defendant: RSA Insurance Ltd
Jurisdiction
England and Wales
Judgment Date
31 December 2025
Procedural Posture
Personal Injury Road Traffic Accident / Interim Application for Further Interim Payment and Summary Judgment
Outcome
Claimant's application for a further interim payment dismissed; judgment entered for claimant by consent with damages to be assessed.
Legal Topics
Interim Payments, Causation, Quantum of Damages, Summary Judgment, Road Traffic Accident, Traumatic Brain Injury
Personal Injury Civil Procedure Interim Payments Causation Quantum of Damages Summary Judgment Road Traffic Accident Traumatic Brain Injury

Case Brief

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Parties

HDL (by his Litigation Friend, RCK)

Claimant

Waseem Butt

First Defendant

RSA Insurance Ltd

Second Defendant

Procedural Posture

Personal Injury Road Traffic Accident / Interim Application for Further Interim Payment and Summary Judgment

Legal Issues

  1. 1 Whether the claimant is entitled to a further interim payment given the dispute on causation of ongoing symptoms and quantum of damages
  2. 2 Whether the court should make an interim payment order where there is a substantive dispute on causation

Ratio Decidendi

Given the substantive and genuine dispute on causation, with competing expert evidence as to whether the claimant's ongoing symptoms are attributable to the accident or to a genetic abnormality, the court cannot be satisfied that the claimant is entitled to a further interim payment without risking overpayment. The application for a further interim payment is therefore refused.

Court Disposition

Claimant's application for a further interim payment dismissed; judgment entered for claimant by consent with damages to be assessed.

Orders

  • Judgment entered for the claimant by consent with damages to be assessed.
  • Claimant's application for a further interim payment of £225,000 dismissed.