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

The court concluded that due to the uncertainty and complexity regarding the claimant's long-term prognosis and needs, it is just and appropriate to postpone the quantification of long-term losses until reliable evidence becomes available, thus granting the application for a split quantum assessment.

Citation: [2011] EWHC 1638 (QB)
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 Regarding Quantum Assessment
Outcome: Application granted
Legal Topics: Quantum Assessment, Split Trial, Case Management, Damages, Finality of Litigation

Personal Injury Civil Procedure Quantum Assessment Split Trial Case Management Damages Finality of Litigation

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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 Regarding Quantum Assessment

Legal Issues

1 Whether quantum assessment should be split to postpone determination of long-term damages until after claimant's 16th birthday
2 Whether sufficient evidence exists to assess claimant's long-term needs and losses

Ratio Decidendi

Court Disposition

Application granted

Orders

Quantum assessment scheduled for December 2011 to be confined to damages and losses up to claimant's 16th birthday (13 January 2017)
Quantification of long-term losses postponed until further evidence is available