Preston v City Electrical Factors Ltd & Anor

Preston v City Electrical Factors Ltd & Anor

The court found that, on the defendants' own conservative figures, a PPO would not be a realistic possibility due to the low annual payment and the claimant's strong preference for a lump sum. The claimant's urgent needs and debts justified the interim payment, and the Eeles principles did not preclude it. Even if a PPO were possible, the court was satisfied to a high degree of confidence that the interim payment was reasonably necessary.

Parties
Claimant: Marc Preston; Defendant: City Electrical Factors Ltd; Defendant: Thomas Adam Stockham
Jurisdiction
England and Wales
Judgment Date
13 November 2009
Procedural Posture
Personal Injury / Interim Payment Application
Outcome
application granted
Legal Topics
Interim Payments, Periodical Payments Orders, Quantum of Damages, Contributory Negligence
Personal Injury Civil Procedure Interim Payments Periodical Payments Orders Quantum of Damages Contributory Negligence

Case Brief

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Parties

Marc Preston

Claimant

City Electrical Factors Ltd

Defendant

Thomas Adam Stockham

Defendant

Procedural Posture

Personal Injury / Interim Payment Application

Legal Issues

  1. 1 Whether an interim payment of £100,000 should be ordered given a 50% liability admission and prior payments exceeding £100,000
  2. 2 Whether the possibility of a periodical payments order (PPO) precludes a further interim payment
  3. 3 Whether the claimant's current needs and debts justify the interim payment

Ratio Decidendi

The court found that, on the defendants' own conservative figures, a PPO would not be a realistic possibility due to the low annual payment and the claimant's strong preference for a lump sum. The claimant's urgent needs and debts justified the interim payment, and the Eeles principles did not preclude it. Even if a PPO were possible, the court was satisfied to a high degree of confidence that the interim payment was reasonably necessary.

Court Disposition

application granted

Orders

  • Interim payment of £100,000 to the claimant