Cook v Cook & Anor [2011] EWHC 1638 (QB) (28 June 2011)

Given the exceptional uncertainty regarding the Claimant's long-term prognosis and needs, justice requires postponing quantum assessment for adult losses until solid evidence is available; damages up to age 16 can be assessed now.

Citation: [2011] EWHC 1638
Parties: Claimant: Miss Jamie-Rae Cook; Litigation Friend: Mrs Karen Cook; Defendant: Mr David Andrew Cook; Defendant: Dr Elizabeth Harriet Walker
Jurisdiction: England and Wales
Judgment Date: 28 June 2011
Procedural Posture: Personal Injury / Case Management Application Prior to Quantum Assessment
Outcome: Application granted
Legal Topics: Quantum Assessment, Split Trial, Case Management, Damages, Postponement of Issues

Personal Injury Civil Procedure Quantum Assessment Split Trial Case Management Damages Postponement of Issues

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Parties

Miss Jamie-Rae Cook

Claimant

Mrs Karen Cook

Litigation Friend

Mr David Andrew Cook

Defendant

Dr Elizabeth Harriet Walker

Defendant

Procedural Posture

Personal Injury / Case Management Application Prior to Quantum Assessment

Legal Issues

1 Whether quantum assessment should be postponed for long-term losses until Claimant's prognosis is clearer
2 Whether court should order a split trial for damages up to age 16 and defer adult losses

Ratio Decidendi

Court Disposition

Application granted

Orders

Quantum assessment in December 2011 confined to damages and losses up to Claimant's 16th birthday
Assessment of adult losses postponed until further evidence is available