Duffy v Centraal Beheer Achmea

Duffy v Centraal Beheer Achmea

The court must make a conservative assessment of the likely damages recoverable under Dutch law, limited to heads of loss the trial judge is bound to award as a capital sum, deducting previous interim payments, and award a reasonable proportion as an interim payment. Applying this, the court assessed the likely recoverable damages at £262,070.87, awarded 90% of this as an interim payment, and deducted £120,210.37 already paid, resulting in a further interim payment of £116,000.

Parties
Claimant: Carl Duffy; Defendant: Centraal Beheer Achmea
Jurisdiction
England and Wales
Judgment Date
03 December 2020
Procedural Posture
Personal Injury (tort) / Interim Payment Application
Outcome
Application granted in part
Legal Topics
Interim Payments, Assessment of Damages, Applicable Law Under Rome II, Personal Injury Compensation, Cross Border Motor Insurance Claims
Tort Law Private International Law Civil Procedure Interim Payments Assessment of Damages Applicable Law Under Rome II Personal Injury Compensation Cross Border Motor Insurance Claims

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Carl Duffy

Claimant

Centraal Beheer Achmea

Defendant

Procedural Posture

Personal Injury (tort) / Interim Payment Application

Legal Issues

  1. 1 Whether the claimant is entitled to a further interim payment and in what amount under Dutch law as applied by the English court
  2. 2 How to conservatively assess damages for interim payment purposes in a cross-border personal injury claim

Ratio Decidendi

The court must make a conservative assessment of the likely damages recoverable under Dutch law, limited to heads of loss the trial judge is bound to award as a capital sum, deducting previous interim payments, and award a reasonable proportion as an interim payment. Applying this, the court assessed the likely recoverable damages at £262,070.87, awarded 90% of this as an interim payment, and deducted £120,210.37 already paid, resulting in a further interim payment of £116,000.

Court Disposition

Application granted in part

Orders

  • The claimant is awarded a further interim payment of £116,000.
  • Counsel to submit short submissions as to costs and the form of order.