Brown ( A Minor) v Emery

Brown ( A Minor) v Emery

The court determined that, due to a real dispute as to whether accommodation costs would be awarded at trial and insufficient evidence of a real need, it could not include accommodation costs in the interim payment. The likely capital sum for general damages and loss of future earnings was £320,000 after deductions, and a reasonable proportion (75-80%) was £250,000, which matched the defendant's open offer.

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 application granted in part
Legal Topics
Interim Payments, Damages Assessment, Accommodation Costs, Best Interests of Protected Parties
Tort Personal Injury Interim Payments Damages Assessment Accommodation Costs Best Interests of Protected Parties

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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 Whether the claimant has demonstrated a real need for accommodation purchase
  3. 3 Assessment of likely capital sum to be awarded at trial

Ratio Decidendi

The court determined that, due to a real dispute as to whether accommodation costs would be awarded at trial and insufficient evidence of a real need, it could not include accommodation costs in the interim payment. The likely capital sum for general damages and loss of future earnings was £320,000 after deductions, and a reasonable proportion (75-80%) was £250,000, which matched the defendant's open offer.

Court Disposition

Interim payment application granted in part

Orders

  • Interim payment of £250,000 to the claimant