Spillman v Bradfield Riding Centre

Spillman v Bradfield Riding Centre

A reasonable proportion of the likely amount of the final judgment (70% of £260,000, i.e. £182,000) is 75%, resulting in £136,500. After deducting payments already made (£80,000), a further interim payment of £56,500 is justified. The purpose for which the payment is sought does not affect the outcome.

Parties
Claimant: Jade Spillman; Defendant: Bradfield Riding Centre
Jurisdiction
England and Wales
Judgment Date
06 February 2007
Procedural Posture
Personal Injury Appeal / Appeal From Interim Payment Order
Outcome
Appeal allowed
Legal Topics
Interim Payments, Assessment of Damages, Court Discretion
Personal Injury Civil Procedure Interim Payments Assessment of Damages Court Discretion

Case Brief

Summary, issues, holding and outcome

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Parties

Jade Spillman

Claimant

Bradfield Riding Centre

Defendant

Procedural Posture

Personal Injury Appeal / Appeal From Interim Payment Order

Legal Issues

  1. 1 What is the likely amount of the final judgment for the claimant?
  2. 2 What is a reasonable proportion of that amount for an interim payment under CPR 25.7?
  3. 3 Should the purpose for which the interim payment is sought affect the order?

Ratio Decidendi

A reasonable proportion of the likely amount of the final judgment (70% of £260,000, i.e. £182,000) is 75%, resulting in £136,500. After deducting payments already made (£80,000), a further interim payment of £56,500 is justified. The purpose for which the payment is sought does not affect the outcome.

Court Disposition

Appeal allowed

Orders

  • A further interim payment of £56,500 to the claimant