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 found a real and urgent need for suitable accommodation for the claimant, with no viable alternative property available. The sum of £2 million was found to be reasonably required to purchase, adapt, and move into the identified property, and making such an interim payment would not fetter the trial judge's discretion at trial. The court was satisfied to a high degree of confidence that the payment was necessary and proportionate.

Citation
[2021] EWHC 1108
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 Interim Payment Application / Interim Application for Further Interim Payment Prior to Trial
Outcome
Interim payment of £2 million ordered in favour of the claimant.
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

Case Brief

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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 Interim Payment Application / Interim Application for Further Interim Payment Prior to Trial

Legal Issues

  1. 1 Whether a further interim payment of £2 million should be ordered to enable the purchase and adaptation of suitable accommodation for the claimant
  2. 2 Application of the Eeles v Cobham Hire Services Ltd [2009] EWCA Civ 204 principles to interim payments in catastrophic injury cases

Ratio Decidendi

Applying Eeles stage 2, the court found a real and urgent need for suitable accommodation for the claimant, with no viable alternative property available. The sum of £2 million was found to be reasonably required to purchase, adapt, and move into the identified property, and making such an interim payment would not fetter the trial judge's discretion at trial. The court was satisfied to a high degree of confidence that the payment was necessary and proportionate.

Court Disposition

Interim payment of £2 million ordered in favour of the claimant.

Orders

  • Defendants to pay £2 million as an interim payment to the claimant for the purchase and adaptation of suitable accommodation.
  • Parties to agree ancillary orders and submit a draft order for approval.