Mehmood v Mayor [2024] EWHC 1057 (KB) (08 May 2024)

Mehmood v Mayor [2024] EWHC 1057 (KB) (08 May 2024)

The court cannot order an interim payment where the defendant has not admitted liability to pay damages due to a live plea of fundamental dishonesty under s.57 CJCA 2015. The requirements of CPR 25.7(1)(a) and (c) are not satisfied, and the court cannot determine a reasonable proportion of the likely final judgment. The application for interim payment and retrospective approval of a previous interim payment is dismissed.

Citation
[2024] EWHC 1057 (KB)
Parties
Claimant: Qaisar Mehmood; Litigation Friend for Claimant: Mrs Asma Islam; Defendant: Harry Mayor
Jurisdiction
England and Wales
Judgment Date
08 May 2024
Procedural Posture
Personal Injury Road Traffic Accident / Interim Payment Application Prior to Trial
Outcome
Application dismissed
Legal Topics
Interim Payments, Capacity, Fundamental Dishonesty, Section 57 Criminal Justice and Courts Act 2015, Surveillance Evidence
Personal Injury Civil Procedure Interim Payments Capacity Fundamental Dishonesty Section 57 Criminal Justice and Courts Act 2015 Surveillance Evidence

Case Brief

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Parties

Qaisar Mehmood

Claimant

Mrs Asma Islam

Litigation Friend for Claimant

Harry Mayor

Defendant

Procedural Posture

Personal Injury Road Traffic Accident / Interim Payment Application Prior to Trial

Legal Issues

  1. 1 Whether the court can order an interim payment where the defendant pleads fundamental dishonesty under s.57 CJCA 2015 and denies liability to pay damages
  2. 2 Whether the requirements of CPR 25.7(1)(a) or (c) are satisfied for interim payment
  3. 3 Whether the court can retrospectively approve a previous interim payment

Ratio Decidendi

The court cannot order an interim payment where the defendant has not admitted liability to pay damages due to a live plea of fundamental dishonesty under s.57 CJCA 2015. The requirements of CPR 25.7(1)(a) and (c) are not satisfied, and the court cannot determine a reasonable proportion of the likely final judgment. The application for interim payment and retrospective approval of a previous interim payment is dismissed.

Court Disposition

Application dismissed

Orders

  • Application for retrospective approval of £10,000 interim payment is dismissed
  • Application for further interim payment of £75,000 is dismissed