EF v Darkwa & Anor

EF v Darkwa & Anor

The application for a further interim payment is refused because there is a real risk that the trial judge may conclude that the claimant's past losses for care and accommodation should be reduced by significant margins due to failure to mitigate and the questionable necessity of the current care regime. Awarding a further interim payment would risk overpayment beyond a reasonable proportion of the likely final judgment.

Parties
Claimant: EF (acting by his litigation friend, GH); First Defendant: Annys Jane Darkwa; Second Defendant: The Motor Insurers Bureau (acting through its agent, Direct Line Group)
Jurisdiction
England and Wales
Judgment Date
17 April 2019
Procedural Posture
Personal Injury / Interim Payment Application After Partial Settlement, Pre Trial
Outcome
Application for further interim payment refused
Legal Topics
Interim Payments, Personal Injury, Mitigation of Loss, Care Costs, Accommodation Costs, Brain Injury, Road Traffic Accident
Tort Civil Procedure Interim Payments Personal Injury Mitigation of Loss Care Costs Accommodation Costs Brain Injury +1 more

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Parties

EF (acting by his litigation friend, GH)

Claimant

Annys Jane Darkwa

First Defendant

The Motor Insurers Bureau (acting through its agent, Direct Line Group)

Second Defendant

Procedural Posture

Personal Injury / Interim Payment Application After Partial Settlement, Pre Trial

Legal Issues

  1. 1 Whether the claimant is entitled to a further interim payment of £275,000 pending trial
  2. 2 Whether the current care and accommodation regime is reasonable and necessary
  3. 3 Whether the claimant failed to mitigate his losses

Ratio Decidendi

The application for a further interim payment is refused because there is a real risk that the trial judge may conclude that the claimant's past losses for care and accommodation should be reduced by significant margins due to failure to mitigate and the questionable necessity of the current care regime. Awarding a further interim payment would risk overpayment beyond a reasonable proportion of the likely final judgment.

Court Disposition

Application for further interim payment refused

Orders

  • No further interim payment to be made pending trial
  • Parties to attempt to agree costs; if not agreed, matter to be listed for further hearing