Bennett v Stephens & Anor

Bennett v Stephens & Anor

The periodical payments order of 14 July 2010 is binding on the defendants, subject only to the court's satisfaction regarding the security of payments under Damages Act 1996 s.2. The defendants cannot now withhold consent.

Parties
Claimant: Anthony Nathaniel Bennett; 1st Defendant: Leonard John Stephens; 2nd Defendant: Zenith Insurance Company; Interested Party: Motor Insurance Bureau (MIB)
Jurisdiction
England and Wales
Judgment Date
25 January 2012
Procedural Posture
Personal Injury / Post Judgment Application Regarding Periodical Payments Order
Outcome
Periodical payments order of 14 July 2010 is binding; MIB to bear its own costs.
Legal Topics
Periodical Payments, Damages, Motor Insurance, Security of Payments
Personal Injury Insurance Law Periodical Payments Damages Motor Insurance Security of Payments

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Parties

Anthony Nathaniel Bennett

Claimant

Leonard John Stephens

1st Defendant

Zenith Insurance Company

2nd Defendant

Motor Insurance Bureau (MIB)

Interested Party

Procedural Posture

Personal Injury / Post Judgment Application Regarding Periodical Payments Order

Legal Issues

  1. 1 Whether the periodical payments order of 14 July 2010 is binding on the defendants
  2. 2 Whether the defendants can withhold consent to the periodical payments order
  3. 3 Responsibility for costs incurred by MIB

Ratio Decidendi

The periodical payments order of 14 July 2010 is binding on the defendants, subject only to the court's satisfaction regarding the security of payments under Damages Act 1996 s.2. The defendants cannot now withhold consent.

Court Disposition

Periodical payments order of 14 July 2010 is binding; MIB to bear its own costs.

Orders

  • The periodical payments order of 14 July 2010 is binding on the defendants.
  • MIB shall bear its own costs.