Folkes & Ors v Generali Assurances [2019] EWHC 801 (QB) (02 April 2019)

Folkes & Ors v Generali Assurances [2019] EWHC 801 (QB) (02 April 2019)

The application for a further interim payment is refused because the total interim payments already made (£351,788 plus the £240,000 sought would total £591,788) would exceed a reasonable proportion of the likely final capital sum recoverable by the claimant, which the court conservatively estimates at about £370,378 based on the presently available evidence. The evidence is incomplete, and the recoverability of certain heads of loss (notably ongoing 24/7 care and accommodation) is controversial and cannot be confidently included at this stage. The court must take a cautious approach, especially where the final award will be assessed under French law, and must avoid a mini-trial at the...

Citation
[2019] EWHC 801
Parties
Claimant: Joshua Folkes; Claimant: Patrick Folkes; Claimant: Ferrelyn Folkes; Claimant: Cairo Folkes; Defendant: Generali Assurances
Jurisdiction
England and Wales
Judgment Date
02 April 2019
Procedural Posture
Personal Injury Claim (road Traffic Accident) / Application for Further Interim Payment
Outcome
Application for further interim payment refused
Legal Topics
Interim Payments, Applicable Law Under Rome II, Damages Assessment, Cross Border Torts, Protected Parties Procedure
Private International Law Personal Injury Civil Procedure Interim Payments Applicable Law Under Rome II Damages Assessment Cross Border Torts Protected Parties Procedure

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Parties

Joshua Folkes

Claimant

Patrick Folkes

Claimant

Ferrelyn Folkes

Claimant

Cairo Folkes

Claimant

Generali Assurances

Defendant

Procedural Posture

Personal Injury Claim (road Traffic Accident) / Application for Further Interim Payment

Legal Issues

  1. 1 Whether a further interim payment should be ordered to the claimant under English procedural law where French substantive law applies to liability and damages.
  2. 2 How to assess a reasonable proportion of the likely final judgment for interim payment purposes in a cross-border personal injury case.

Ratio Decidendi

The application for a further interim payment is refused because the total interim payments already made (£351,788 plus the £240,000 sought would total £591,788) would exceed a reasonable proportion of the likely final capital sum recoverable by the claimant, which the court conservatively estimates at about £370,378 based on the presently available evidence. The evidence is incomplete, and the recoverability of certain heads of loss (notably ongoing 24/7 care and accommodation) is controversial and cannot be confidently included at this stage. The court must take a cautious approach, especially where the final award will be assessed under French law, and must avoid a mini-trial at the...

Court Disposition

Application for further interim payment refused