Kotula v EDF Energy Networks (EPN) Plc & Ors

Kotula v EDF Energy Networks (EPN) Plc & Ors

The risk of developing syringomyelia in the claimant's case is measurable and not fanciful, with a spectrum of possible consequences including serious deterioration. The legal tests for provisional damages and variation of periodical payments are satisfied, and the claimant should be permitted to treat his lump sum award as provisional and seek variation of periodical payments if serious consequences from syringomyelia arise.

Parties
Claimant: Alexander Kotula; Defendant: EDF Energy Networks (EPN) PLC; Defendant: Morrison Utility Services Limited; Defendant: Birch Utilities Limited
Jurisdiction
England and Wales
Judgment Date
17 June 2011
Procedural Posture
Personal Injury / Post Settlement Hearing on Provisional Damages and Variation of Periodical Payments
Outcome
Claimant permitted to treat lump sum award as provisional and may seek variation of periodical payments if serious consequences from syringomyelia develop.
Legal Topics
Provisional Damages, Periodical Payments, Syringomyelia, Serious Deterioration, Variation of Damages
Personal Injury Damages Provisional Damages Periodical Payments Syringomyelia Serious Deterioration Variation of Damages

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 10 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Alexander Kotula

Claimant

EDF Energy Networks (EPN) PLC

Defendant

Morrison Utility Services Limited

Defendant

Birch Utilities Limited

Defendant

Procedural Posture

Personal Injury / Post Settlement Hearing on Provisional Damages and Variation of Periodical Payments

Legal Issues

  1. 1 Whether the claimant should be permitted a provisional damages award and variation of periodical payments for the risk of post-traumatic syringomyelia

Ratio Decidendi

The risk of developing syringomyelia in the claimant's case is measurable and not fanciful, with a spectrum of possible consequences including serious deterioration. The legal tests for provisional damages and variation of periodical payments are satisfied, and the claimant should be permitted to treat his lump sum award as provisional and seek variation of periodical payments if serious consequences from syringomyelia arise.

Court Disposition

Claimant permitted to treat lump sum award as provisional and may seek variation of periodical payments if serious consequences from syringomyelia develop.

Orders

  • Lump sum award is provisional.
  • Claimant may apply for further damages and variation of periodical payments upon development of serious syringomyelia-related consequences.