KLM v EUI Ltd

KLM v EUI Ltd

The claimant is entitled to a further interim payment, but not in the amount sought. On a conservative assessment of general damages, past losses, and accommodation costs, the likely capital award is £1,281,500. The court is not satisfied that a higher interim payment is justified under the principles in Eeles, and a further interim payment of £900,000 (in addition to £85,000 already paid) is appropriate, amounting to about 77% of the likely capital award.

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 / Application for Interim Payment After Judgment for Damages to Be Assessed
Outcome
Application for interim payment of £1.5 million refused; interim payment of £900,000 (in addition to £85,000 already paid) ordered.
Legal Topics
Interim Payments, Damages Assessment, Road Traffic Accident, Serious Injury, Accommodation Costs
Tort Personal Injury Interim Payments Damages Assessment Road Traffic Accident Serious Injury Accommodation Costs

Case Brief

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Parties

KLM (by her father and litigation friend HJM)

Claimant

EUI Limited

Defendant

Procedural Posture

Personal Injury Claim / 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 in what amount
  2. 2 What is a reasonable proportion of the likely final judgment under CPR 25.7(4)
  3. 3 Whether accommodation costs and other heads of loss should be included in the interim payment

Ratio Decidendi

The claimant is entitled to a further interim payment, but not in the amount sought. On a conservative assessment of general damages, past losses, and accommodation costs, the likely capital award is £1,281,500. The court is not satisfied that a higher interim payment is justified under the principles in Eeles, and a further interim payment of £900,000 (in addition to £85,000 already paid) is appropriate, amounting to about 77% of the likely capital award.

Court Disposition

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