Brown ( A Minor) v Emery [2010] EWHC 388 (QB) (04 March 2010)

Brown ( A Minor) v Emery [2010] EWHC 388 (QB) (04 March 2010)

The court determined that, due to a real dispute regarding whether accommodation costs would be awarded at trial and insufficient evidence of claimant's best interests, accommodation costs should not be included in the interim payment. The appropriate interim payment is a reasonable proportion (75-80%) of the undisputed likely capital sum for general damages, past losses, and future earnings, resulting in £250,000.

Citation
[2010] EWHC 388
Parties
Claimant: Jessica Brown; Litigation Friend: Carole Brown; Defendant: Liam Emery
Jurisdiction
England and Wales
Judgment Date
04 March 2010
Procedural Posture
Personal Injury / Interim Payment Application
Outcome
Interim payment granted
Legal Topics
Interim Payments, Damages Assessment, Accommodation Costs, Periodic Payments
Personal Injury Civil Procedure Interim Payments Damages Assessment Accommodation Costs Periodic Payments

Case Brief

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Parties

Jessica Brown

Claimant

Carole Brown

Litigation Friend

Liam Emery

Defendant

Procedural Posture

Personal Injury / Interim Payment Application

Legal Issues

  1. 1 Whether an interim payment should include accommodation costs for the claimant
  2. 2 Assessment of likely capital sum to be awarded at trial
  3. 3 Appropriateness of interim payment given disputed best interests of claimant

Ratio Decidendi

The court determined that, due to a real dispute regarding whether accommodation costs would be awarded at trial and insufficient evidence of claimant's best interests, accommodation costs should not be included in the interim payment. The appropriate interim payment is a reasonable proportion (75-80%) of the undisputed likely capital sum for general damages, past losses, and future earnings, resulting in £250,000.

Court Disposition

Interim payment granted

Orders

  • Interim payment of £250,000 to the claimant