SRN v Nekiwala & Anor [2026] EWHC 16 (KB) (09 January 2026)

SRN v Nekiwala & Anor [2026] EWHC 16 (KB) (09 January 2026)

Given the admitted liability, the available medical evidence supporting a moderate to severe brain injury, and the need for ongoing rehabilitation, a conservative estimate of damages is £293,396.64. Applying a 50% deduction for contributory negligence, the likely amount to be awarded at trial is £146,698.32. A reasonable proportion for interim payment is £73,000, less £13,500 already paid, resulting in an interim payment of £60,000.

Citation
[2026] EWHC 16 (KB)
Parties
Claimant: SRN; First Defendant: Irfan Nekiwala; Second Defendant: Ageas Insurance Ltd
Jurisdiction
England and Wales
Judgment Date
09 January 2026
Procedural Posture
Personal Injury / Interim Payment Application
Outcome
Application granted in part
Legal Topics
Interim Payments, Contributory Negligence, Damages Assessment, Brain Injury, Road Traffic Accident
Personal Injury Civil Procedure Interim Payments Contributory Negligence Damages Assessment Brain Injury Road Traffic Accident

Case Brief

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Parties

SRN

Claimant

Irfan Nekiwala

First Defendant

Ageas Insurance Ltd

Second Defendant

Procedural Posture

Personal Injury / Interim Payment Application

Legal Issues

  1. 1 Whether the claimant is entitled to a further interim payment and in what amount
  2. 2 Assessment of a reasonable proportion of the likely final judgment under CPR 25.7 and 25.20
  3. 3 Appropriate deduction for contributory negligence

Ratio Decidendi

Given the admitted liability, the available medical evidence supporting a moderate to severe brain injury, and the need for ongoing rehabilitation, a conservative estimate of damages is £293,396.64. Applying a 50% deduction for contributory negligence, the likely amount to be awarded at trial is £146,698.32. A reasonable proportion for interim payment is £73,000, less £13,500 already paid, resulting in an interim payment of £60,000.

Court Disposition

Application granted in part

Orders

  • Defendants to pay the claimant a further interim payment of £60,000, in addition to the £13,500 already paid.