Buttar Construction Ltd v Arshdeep [2021] EWCA Civ 1408 (29 September 2021)

Buttar Construction Ltd v Arshdeep [2021] EWCA Civ 1408 (29 September 2021)

The Court of Appeal held that the judge correctly applied CPR 25.7(1)(e), finding that the claimant would obtain judgment for a substantial amount against at least one of YKS or Buttar but could not determine which, and that both defendants were insured in respect of the claim despite insurers reserving rights. The judge's exercise of discretion to order interim payment was upheld.

Citation
[2021] EWCA Civ 1408
Parties
Appellant/4th Defendant: Buttar Construction Limited; Respondent/claimant: Arshdeep
Jurisdiction
England and Wales
Judgment Date
29 September 2021
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Interim Payments, Insurance Coverage, Employer's Liability, Negligence, Construction of CPR 25.7
Civil Procedure Personal Injury Interim Payments Insurance Coverage Employer's Liability Negligence Construction of CPR 25.7

Case Brief

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Parties

Buttar Construction Limited

Appellant/4th Defendant

Arshdeep

Respondent/claimant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the conditions of CPR 25.7(1)(e) for interim payment are satisfied
  2. 2 Interpretation of 'insured in respect of the claim' under CPR 25.7(1)(e)(ii)(a)
  3. 3 Appropriate exercise of judicial discretion for interim payment

Ratio Decidendi

The Court of Appeal held that the judge correctly applied CPR 25.7(1)(e), finding that the claimant would obtain judgment for a substantial amount against at least one of YKS or Buttar but could not determine which, and that both defendants were insured in respect of the claim despite insurers reserving rights. The judge's exercise of discretion to order interim payment was upheld.

Court Disposition

Appeal dismissed

Orders

  • Interim payment order of £150,000 against Buttar Construction Limited upheld