PAL (A Child) v Davison & Ors

PAL (A Child) v Davison & Ors

Given the urgent and real need for suitable accommodation, the lack of viable alternatives, and the evidence supporting the necessity and reasonableness of the expenditure, the court is satisfied to a high degree of confidence that an interim payment of £2 million is reasonably required. This will not fetter the trial judge's discretion at final assessment, and the requirements of Eeles stage 2 are met.

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
Outcome
Application granted
Legal Topics
Interim Payments, Accommodation Claims, Catastrophic Injury, Court of Protection
Personal Injury Civil Procedure Interim Payments Accommodation Claims Catastrophic Injury Court of Protection

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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

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 catastrophically injured claimant
  2. 2 The appropriate approach to the assessment of interim payments under Eeles v Cobham Hire Services Ltd

Ratio Decidendi

Given the urgent and real need for suitable accommodation, the lack of viable alternatives, and the evidence supporting the necessity and reasonableness of the expenditure, the court is satisfied to a high degree of confidence that an interim payment of £2 million is reasonably required. This will not fetter the trial judge's discretion at final assessment, and the requirements of Eeles stage 2 are met.

Court Disposition

Application granted

Orders

  • Interim payment of £2,000,000 to the claimant for the purchase and adaptation of suitable accommodation
  • Parties to agree ancillary orders and submit a draft order for approval