Wilfred Walker v Jake Smith

Wilfred Walker v Jake Smith

The court is satisfied that the continuity of periodical payments is reasonably secure as required by statute, and that the criteria for an award of provisional damages are met due to the admitted risk of serious deterioration in the claimant's condition. The consent order is therefore approved.

Parties
Claimant: Wilfred Walker; Defendant: Jake Smith
Jurisdiction
England and Wales
Judgment Date
25 February 2021
Procedural Posture
Personal Injury Damages Claim / Settlement Approval (consent Order)
Outcome
Consent order approved; settlement terms reflected in order.
Legal Topics
Personal Injury, Damages, Periodical Payments, Provisional Damages, Settlement Approval
Tort Law Insurance Law Civil Procedure Personal Injury Damages Periodical Payments Provisional Damages Settlement Approval

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Parties

Wilfred Walker

Claimant

Jake Smith

Defendant

Procedural Posture

Personal Injury Damages Claim / Settlement Approval (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 continuity of periodical payments is reasonably secure as required by statute, and that the criteria for an award of provisional damages are met due to the admitted risk of serious deterioration in the claimant's condition. The consent order is therefore approved.

Court Disposition

Consent order approved; settlement terms reflected in order.

Orders

  • Court satisfied as to security of periodical payments under Damages Act 1996.
  • Court satisfied as to criteria for provisional damages under Senior Courts Act 1981.