Best v Smyth

Best v Smyth

The claimant has a real and immediate need for accessible accommodation. On a conservative assessment, taking into account a maximum 30% reduction for contributory negligence and the evidence before the court, an interim payment of £650,000 is reasonable and proportionate to the likely amount of the final judgment.

Parties
Claimant: Darren Best; Defendant: Damion John Smyth
Jurisdiction
England and Wales
Judgment Date
25 June 2010
Procedural Posture
Personal Injury Claim / Interim Payment Application
Outcome
Interim payment granted
Legal Topics
Interim Payments, Contributory Negligence, Accommodation Costs, Care Costs
Tort Personal Injury Interim Payments Contributory Negligence Accommodation Costs Care Costs

Case Brief

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Parties

Darren Best

Claimant

Damion John Smyth

Defendant

Procedural Posture

Personal Injury Claim / Interim Payment Application

Legal Issues

  1. 1 Whether the claimant is entitled to an interim payment and in what amount
  2. 2 Whether the claimant has a real need for accommodation now
  3. 3 Whether the amount requested for accommodation and alterations is reasonable

Ratio Decidendi

The claimant has a real and immediate need for accessible accommodation. On a conservative assessment, taking into account a maximum 30% reduction for contributory negligence and the evidence before the court, an interim payment of £650,000 is reasonable and proportionate to the likely amount of the final judgment.

Court Disposition

Interim payment granted

Orders

  • Interim payment of £650,000 to the claimant