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, on a conservative assessment, the likely capital award for general damages, past losses, and accommodation costs was £1,281,500. The claimant's application for a further interim payment of £1.5 million was refused as it exceeded a reasonable proportion of the likely final judgment. Instead, a further interim payment of £900,000 (in addition to £85,000 already paid) was ordered, representing approximately 77% of the likely capital award, which was deemed reasonable and not prejudicial to the trial judge's discretion.

Citation
[2016] EWHC 1497 (QB)
Parties
Claimant: KLM (by her father and litigation friend HJM); Defendant: EUI Limited
Jurisdiction
England and Wales
Judgment Date
24 June 2016
Procedural Posture
Personal Injury Claim (interim Payment Application) / Application for Interim Payment After Judgment for Damages to Be Assessed
Outcome
Application for £1.5 million interim payment refused; further interim payment of £900,000 ordered.
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 (by her father and litigation friend HJM)

Claimant

EUI Limited

Defendant

Procedural Posture

Personal Injury Claim (interim Payment Application) / Application for Interim Payment After Judgment for Damages to Be Assessed

Legal Issues

  1. 1 Whether the claimant is entitled to an interim payment and, if so, in what amount, pending final assessment of damages for catastrophic personal injury.

Ratio Decidendi

The court held that, on a conservative assessment, the likely capital award for general damages, past losses, and accommodation costs was £1,281,500. The claimant's application for a further interim payment of £1.5 million was refused as it exceeded a reasonable proportion of the likely final judgment. Instead, a further interim payment of £900,000 (in addition to £85,000 already paid) was ordered, representing approximately 77% of the likely capital award, which was deemed reasonable and not prejudicial to the trial judge's discretion.

Court Disposition

Application for £1.5 million interim payment refused; further interim payment of £900,000 ordered.

Orders

  • Claimant's application for £1.5 million interim payment refused.
  • Defendant to pay a further interim payment of £900,000 to the claimant, in addition to £85,000 already paid.