Qaisar Mehmood v Harry Mayor

Qaisar Mehmood v Harry Mayor

The application for an interim payment is dismissed because the defendant has not admitted liability and has pleaded fundamental dishonesty, so the requirements of CPR 25.7(1)(a) and (c) are not satisfied. The court cannot determine a reasonable proportion of the likely final judgment due to the live issue of fundamental dishonesty, and the matter must be resolved at trial.

Parties
Claimant: Qaisar Mehmood; Defendant: Harry Mayor
Jurisdiction
England and Wales
Judgment Date
05 August 2024
Procedural Posture
Personal Injury / Interim Application for Payment Pending Trial
Outcome
Application dismissed
Legal Topics
Interim Payments, Fundamental Dishonesty, Capacity, Road Traffic Accident, Damages
Personal Injury Civil Procedure Interim Payments Fundamental Dishonesty Capacity Road Traffic Accident Damages

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Parties

Qaisar Mehmood

Claimant

Harry Mayor

Defendant

Procedural Posture

Personal Injury / Interim Application for Payment Pending Trial

Legal Issues

  1. 1 Whether the requirements for an interim payment under CPR 25.7 are satisfied
  2. 2 Whether the plea of fundamental dishonesty under s.57 Criminal Justice and Courts Act 2015 precludes interim payment
  3. 3 Whether the court can be satisfied the claimant would obtain judgment for a substantial sum at trial

Ratio Decidendi

The application for an interim payment is dismissed because the defendant has not admitted liability and has pleaded fundamental dishonesty, so the requirements of CPR 25.7(1)(a) and (c) are not satisfied. The court cannot determine a reasonable proportion of the likely final judgment due to the live issue of fundamental dishonesty, and the matter must be resolved at trial.

Court Disposition

Application dismissed

Orders

  • The claimant's application for a further interim payment of £75,000 is dismissed.
  • Retrospective approval of the previous interim payment of £10,000 is refused and deferred to trial.