Flanagan v Battie [2017] EWHC 3044 (QB) (01 December 2017)

Flanagan v Battie [2017] EWHC 3044 (QB) (01 December 2017)

The claimant established by evidence a real, reasonable and immediate need for an interim payment to fund a move to independent accommodation with a full support package, and the amount sought was a reasonable proportion of the likely final judgment, even after accounting for contributory negligence and prior interim payments. The court was satisfied that the expenditure was necessary and would be properly controlled, and that the trial judge would likely approve it as special damages.

Citation
[2017] EWHC 3044 (QB)
Parties
Claimant: Mark Victor Flanagan (by his litigation friend Karen Suzanne Green); Defendant: Grant Alexander Battie
Jurisdiction
England and Wales
Judgment Date
01 December 2017
Procedural Posture
Personal Injury Claim / Interim Payment Application
Outcome
Interim payment application granted
Legal Topics
Interim Payments, Catastrophic Injury, Contributory Negligence, Damages Assessment, Rehabilitation, Accommodation Costs
Personal Injury Civil Procedure Interim Payments Catastrophic Injury Contributory Negligence Damages Assessment Rehabilitation Accommodation Costs

Case Brief

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Parties

Mark Victor Flanagan (by his litigation friend Karen Suzanne Green)

Claimant

Grant Alexander Battie

Defendant

Procedural Posture

Personal Injury Claim / Interim Payment Application

Legal Issues

  1. 1 Whether the claimant is entitled to a further interim payment for the purpose of funding a move to independent accommodation and associated care and therapies
  2. 2 Whether there is a real, reasonable and immediate need for the interim payment sought
  3. 3 Whether the amount sought is a reasonable proportion of the likely final judgment

Ratio Decidendi

The claimant established by evidence a real, reasonable and immediate need for an interim payment to fund a move to independent accommodation with a full support package, and the amount sought was a reasonable proportion of the likely final judgment, even after accounting for contributory negligence and prior interim payments. The court was satisfied that the expenditure was necessary and would be properly controlled, and that the trial judge would likely approve it as special damages.

Court Disposition

Interim payment application granted

Orders

  • Defendant to make a further interim payment of £500,000 to the claimant for the purpose of funding independent accommodation and associated care and therapies.