Best v Smyth [2010] EWHC 1541 (QB) (25 June 2010)

Best v Smyth [2010] EWHC 1541 (QB) (25 June 2010)

The claimant has a real and immediate need for suitable accommodation, and a conservative assessment of the likely final judgment (after deduction for contributory negligence and interim payments already made) justifies an interim payment of £650,000. The amount sought by the claimant is excessive, but £650,000 is a reasonable proportion of the likely final judgment.

Citation
[2010] EWHC 1541 (QB)
Parties
Claimant: Darren Best; Defendant: Damion John Smyth
Jurisdiction
England and Wales
Judgment Date
25 June 2010
Procedural Posture
Personal Injury Road Traffic Accident / Interim Payment Application Before Trial
Outcome
Interim payment application granted in part
Legal Topics
Interim Payments, Contributory Negligence, Damages Assessment, Accommodation Costs, Periodical Payments Orders
Personal Injury Civil Procedure Interim Payments Contributory Negligence Damages Assessment Accommodation Costs Periodical Payments Orders

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Parties

Darren Best

Claimant

Damion John Smyth

Defendant

Procedural Posture

Personal Injury Road Traffic Accident / Interim Payment Application Before Trial

Legal Issues

  1. 1 Whether the claimant is entitled to an interim payment and in what amount
  2. 2 Whether the amount sought is a reasonable proportion of the likely final judgment
  3. 3 Extent of contributory negligence and its impact on damages

Ratio Decidendi

The claimant has a real and immediate need for suitable accommodation, and a conservative assessment of the likely final judgment (after deduction for contributory negligence and interim payments already made) justifies an interim payment of £650,000. The amount sought by the claimant is excessive, but £650,000 is a reasonable proportion of the likely final judgment.

Court Disposition

Interim payment application granted in part

Orders

  • Defendant to make an interim payment of £650,000 to the claimant