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 held that, due to a real dispute as to whether accommodation costs would be awarded at trial and insufficient confidence that such costs would be included, only general damages, past losses, and loss of future earnings should be considered. A reasonable proportion (75-80%) of the likely capital sum (£320,000 after deductions) should be awarded as an interim payment, resulting in an order for £250,000.

Citation
[2010] EWHC 388 (QB)
Parties
Claimant: Jessica Brown (a minor, by her Mother and Litigation Friend Carole Brown); Defendant: Liam Emery
Jurisdiction
England and Wales
Judgment Date
04 March 2010
Procedural Posture
Personal Injury / Interim Payment Application Before Trial on Quantum
Outcome
Interim payment application granted in part
Legal Topics
Interim Payments, Catastrophic Injury, Damages Assessment, Accommodation Costs, Periodic Payments
Personal Injury Civil Procedure Interim Payments Catastrophic Injury Damages Assessment Accommodation Costs Periodic Payments

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Parties

Jessica Brown (a minor, by her Mother and Litigation Friend Carole Brown)

Claimant

Liam Emery

Defendant

Procedural Posture

Personal Injury / Interim Payment Application Before Trial on Quantum

Legal Issues

  1. 1 Whether an interim payment should include accommodation costs in a catastrophic injury case where future care arrangements are disputed
  2. 2 What is a reasonable proportion of the likely capital sum to award as an interim payment

Ratio Decidendi

The court held that, due to a real dispute as to whether accommodation costs would be awarded at trial and insufficient confidence that such costs would be included, only general damages, past losses, and loss of future earnings should be considered. A reasonable proportion (75-80%) of the likely capital sum (£320,000 after deductions) should be awarded as an interim payment, resulting in an order for £250,000.

Court Disposition

Interim payment application granted in part

Orders

  • Defendant to make an interim payment of £250,000 to the claimant