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 as required by statute, and that the risk of future deterioration justifies an award of provisional damages. The consent order is therefore approved.

Citation
[2021] EWHC 432 (QB)
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 made an order of the court.
Legal Topics
Damages, Periodical Payments, Provisional Damages, Road Traffic Accident, Judicial Approval of Settlement
Personal Injury Civil Procedure Damages Periodical Payments Provisional Damages Road Traffic Accident Judicial Approval of Settlement

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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 an award of 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 as required by statute, and that the risk of future deterioration justifies an award of provisional damages. The consent order is therefore approved.

Court Disposition

Consent order approved; settlement terms made an order of the court.

Orders

  • Periodical payments to be made by Aviva Insurance Ltd as set out in the consent order.
  • Claimant has a direct right to enforce the order against the insurer in case of non-payment.