Folkes & Ors v Generali Assurances

Folkes & Ors v Generali Assurances

The application for a further interim payment is refused because the total interim payments already made (£351,788 plus the £240,000 sought, totalling £591,788) would exceed a reasonable proportion of the likely capital sum of damages (£660,000), given the incomplete evidence and the need for a conservative approach where French law governs damages but English law governs procedure. The sums paid to family members cannot be deducted from the 1st Claimant's interim payments without court approval, which has not been sought or granted.

Parties
1st Claimant: Joshua Folkes; 2nd Claimant: Patrick Folkes; 3rd Claimant: Ferrelyn Folkes; 4th Claimant: Cairo Folkes; Defendant: Generali Assurances
Jurisdiction
England and Wales
Judgment Date
02 April 2019
Procedural Posture
Civil Personal Injury / Interim 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

1st Claimant

Patrick Folkes

2nd Claimant

Ferrelyn Folkes

3rd Claimant

Cairo Folkes

4th Claimant

Generali Assurances

Defendant

Procedural Posture

Civil Personal Injury / Interim Application for Further Interim Payment

Legal Issues

  1. 1 Whether the court should order a further interim payment to the 1st Claimant under CPR Part 25
  2. 2 How to assess a reasonable proportion of the likely final judgment where French law applies to liability and damages but English law governs procedure
  3. 3 Whether sums paid to family members should be deducted from interim payments to the 1st Claimant

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, totalling £591,788) would exceed a reasonable proportion of the likely capital sum of damages (£660,000), given the incomplete evidence and the need for a conservative approach where French law governs damages but English law governs procedure. The sums paid to family members cannot be deducted from the 1st Claimant's interim payments without court approval, which has not been sought or granted.

Court Disposition

Application for further interim payment refused