PAL (A Child) v Davison & Ors [2021] EWHC 1108 (QB) (29 April 2021)

PAL (A Child) v Davison & Ors [2021] EWHC 1108 (QB) (29 April 2021)

Applying Eeles stage 2, the court was satisfied to a high degree of confidence that the purchase and adaptation of a suitable property for the claimant is urgently required and that an interim payment of £2 million is reasonably necessary to meet this need. The sum is justified by the evidence, the lack of suitable alternatives, and the urgency of the accommodation issue. The payment will not fetter the trial judge's discretion at final assessment.

Citation
[2021] EWHC 1108 (QB)
Parties
Claimant: PAL (a child by her mother and litigation friend COL); Defendant: Ethan Davison; Defendant: MacPherson & Colburn Ltd T/A Westbourne Motors; Defendant: Aviva Insurance Ltd
Jurisdiction
England and Wales
Judgment Date
29 April 2021
Procedural Posture
Personal Injury Application for Interim Payment / Interim Application Before Trial
Outcome
Interim payment application granted
Legal Topics
Interim Payments, Accommodation Claims, Catastrophic Injury, Court of Protection, Damages Assessment
Personal Injury Civil Procedure Interim Payments Accommodation Claims Catastrophic Injury Court of Protection Damages Assessment

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Parties

PAL (a child by her mother and litigation friend COL)

Claimant

Ethan Davison

Defendant

MacPherson & Colburn Ltd T/A Westbourne Motors

Defendant

Aviva Insurance Ltd

Defendant

Procedural Posture

Personal Injury Application for Interim Payment / Interim Application Before Trial

Legal Issues

  1. 1 Whether an interim payment of £2 million should be ordered to enable the purchase and adaptation of suitable accommodation for the claimant.
  2. 2 Whether the amount sought is a reasonable proportion of the likely final judgment under the Eeles principles.

Ratio Decidendi

Applying Eeles stage 2, the court was satisfied to a high degree of confidence that the purchase and adaptation of a suitable property for the claimant is urgently required and that an interim payment of £2 million is reasonably necessary to meet this need. The sum is justified by the evidence, the lack of suitable alternatives, and the urgency of the accommodation issue. The payment will not fetter the trial judge's discretion at final assessment.

Court Disposition

Interim payment application granted

Orders

  • Interim payment of £2,000,000 to the claimant ordered to enable purchase and adaptation of suitable accommodation.
  • Ancillary orders to be agreed between the parties and submitted for approval.