Folkes & Ors v Generali Assurances [2019] EWHC 801 (QB) (02 April 2019)
Application for further interim payment refused as the total interim payments already made would exceed a reasonable proportion of the likely capital sum of damages, given the incomplete evidence and unresolved disputes over recoverability of certain heads of loss under French law.
- Citation
- [2019] EWHC 801 (QB)
- 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 / Interim Payment Application
- Outcome
- Application for further interim payment refused
- Legal Topics
- Interim Payments, Foreign Law Application, Road Traffic Accident, Damages Assessment
Case Brief
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Parties
Joshua Folkes
Claimant
Patrick Folkes
Claimant
Ferrelyn Folkes
Claimant
Cairo Folkes
Claimant
Generali Assurances
Defendant
Procedural Posture
Personal Injury / Interim Payment Application
Legal Issues
- 1 Whether a further interim payment should be ordered to the claimant under English procedural law when substantive law is French
- 2 Extent of recoverable damages under French law
- 3 Appropriate quantum for interim payment given disputed heads of loss
Ratio Decidendi
Application for further interim payment refused as the total interim payments already made would exceed a reasonable proportion of the likely capital sum of damages, given the incomplete evidence and unresolved disputes over recoverability of certain heads of loss under French law.
Court Disposition
Application for further interim payment refused
Full Case Text
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