Flanagan v Battie

Flanagan v Battie

The claimant demonstrated a real, reasonable and immediate need for an interim payment to fund alternative accommodation and care, supported by medical and case management evidence. The court was satisfied that the expenditure would be reasonable and likely to be approved as special damages at trial, justifying the interim payment sought.

Parties
Claimant: Mark Victor Flanagan; Litigation Friend: Karen Suzanne Green; Defendant: Grant Alexander Battie
Jurisdiction
England and Wales
Judgment Date
01 December 2017
Procedural Posture
Personal Injury / Interim Payment Application
Outcome
interim payment granted
Legal Topics
Interim Payments, Contributory Negligence, Damages Assessment, Periodical Payment Orders, Accommodation Costs
Tort Personal Injury Interim Payments Contributory Negligence Damages Assessment Periodical Payment Orders Accommodation Costs

Case Brief

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Parties

Mark Victor Flanagan

Claimant

Karen Suzanne Green

Litigation Friend

Grant Alexander Battie

Defendant

Procedural Posture

Personal Injury / Interim Payment Application

Legal Issues

  1. 1 Whether the claimant has shown a real, reasonable and immediate need for an interim payment to fund alternative accommodation and care.
  2. 2 Whether the interim payment sought exceeds a reasonable proportion of the likely amount of the final judgment.
  3. 3 Whether the court can confidently predict that the trial judge will capitalise future heads of loss to justify the interim payment.

Ratio Decidendi

The claimant demonstrated a real, reasonable and immediate need for an interim payment to fund alternative accommodation and care, supported by medical and case management evidence. The court was satisfied that the expenditure would be reasonable and likely to be approved as special damages at trial, justifying the interim payment sought.

Court Disposition

interim payment granted

Orders

  • Defendant to pay claimant £500,000 as interim payment for rental accommodation, care, therapies, and associated costs.