Walker v Smith [2021] EWHC 432 (QB) (25 February 2021)

Walker v Smith [2021] EWHC 432 (QB) (25 February 2021)

The court is satisfied that the periodical payments are reasonably secure under the Damages Act 1996 and that the criteria for provisional damages under section 32A of the Senior Courts Act 1981 are met, justifying approval of the consent order.

Source-derived case information.

Citation
[2021] EWHC 432
Parties
Claimant: Wilfred Walker; Defendant: Jake Smith
Jurisdiction
England and Wales
Judgment Date
25 February 2021
Procedural Posture
Damages Claim for Personal Injury (road Traffic Accident) / Settlement Approval and Consent Order
Outcome
Consent order approved; settlement terms reflected in order.
Legal Topics
Damages, Periodical Payments, Provisional Damages, Settlement Approval, Continuity of Payment, Serious Deterioration, Syringomyelia
Personal Injury Insurance Law Civil Procedure Damages Periodical Payments Provisional Damages Settlement Approval Continuity of Payment +2 more

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Parties

Wilfred Walker

Claimant

Jake Smith

Defendant

Procedural Posture

Damages Claim for Personal Injury (road Traffic Accident) / Settlement Approval and Consent Order

Legal Issues

  1. 1 Whether the continuity of periodical payments is reasonably secure under section 2(3) and 2(4)(b) of the Damages Act 1996
  2. 2 Whether the criteria for provisional damages under section 32A of the Senior Courts Act 1981 are satisfied

Ratio Decidendi

The court is satisfied that the periodical payments are reasonably secure under the Damages Act 1996 and that the criteria for provisional damages under section 32A of the Senior Courts Act 1981 are met, justifying approval of the consent order.

Court Disposition

Consent order approved; settlement terms reflected in order.

Orders

  • Periodical payments to be made by Aviva Insurance Ltd (and successors) on behalf of the defendant.
  • Claimant has direct right to enforce order against insurer in case of non-payment.