KLM v EUI Ltd [2016] EWHC 1497 (QB) (24 June 2016)

KLM v EUI Ltd [2016] EWHC 1497 (QB) (24 June 2016)

The court held that while the claimant is entitled to a substantial interim payment to enable the purchase and adaptation of suitable accommodation, the amount sought (£1.5 million) exceeds a reasonable proportion of the likely capital award. On a conservative assessment, the likely capital award (general damages, past losses, accommodation costs) is £1,281,500. The court ordered a further interim payment of £900,000 (in addition to £85,000 already paid), totaling £985,000, which is approximately 77% of the likely capital award and does not fetter the trial judge's discretion.

Citation
[2016] EWHC 1497
Parties
Claimant: KLM (a protected party by her father and litigation friend HJM); Defendant: EUI Limited
Jurisdiction
England and Wales
Judgment Date
24 June 2016
Procedural Posture
Personal Injury Claim (road Traffic Accident) / Application for Interim Payment Under CPR 25.7
Outcome
Application for interim payment of £1.5 million refused; further interim payment of £900,000 ordered (in addition to £85,000 already paid).
Legal Topics
Interim Payments, Damages Assessment, Serious Injury, Accommodation Claims, Periodical Payment Orders
Personal Injury Civil Procedure Interim Payments Damages Assessment Serious Injury Accommodation Claims Periodical Payment Orders

Case Brief

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Parties

KLM (a protected party by her father and litigation friend HJM)

Claimant

EUI Limited

Defendant

Procedural Posture

Personal Injury Claim (road Traffic Accident) / Application for Interim Payment Under CPR 25.7

Legal Issues

  1. 1 Whether the claimant is entitled to an interim payment and, if so, in what amount under CPR 25.7 in a serious personal injury case with likely periodical payment order and substantial accommodation needs.

Ratio Decidendi

The court held that while the claimant is entitled to a substantial interim payment to enable the purchase and adaptation of suitable accommodation, the amount sought (£1.5 million) exceeds a reasonable proportion of the likely capital award. On a conservative assessment, the likely capital award (general damages, past losses, accommodation costs) is £1,281,500. The court ordered a further interim payment of £900,000 (in addition to £85,000 already paid), totaling £985,000, which is approximately 77% of the likely capital award and does not fetter the trial judge's discretion.

Court Disposition

Application for interim payment of £1.5 million refused; further interim payment of £900,000 ordered (in addition to £85,000 already paid).

Orders

  • Defendant to pay a further interim payment of £900,000 to the claimant.