MR PIOTR SALWIN v MR HIATHEM SHAHED

MR PIOTR SALWIN v MR HIATHEM SHAHED

The court, applying a cautious valuation of past and anticipated losses over the next year and the Eeles two-stage test, determined that the claimant is entitled to a further interim payment of £170,000, as prior payments did not exceed a reasonable proportion of the likely final judgment, and the claimant demonstrated a real need for continued rehabilitation funding.

Parties
Claimant: Mr Piotr Salwin; Litigation Friend: Mateusz Sobiepanek; Defendant: Mr Hiathem Shahed
Jurisdiction
England and Wales
Judgment Date
13 June 2022
Procedural Posture
Personal Injury / Interim Payment Application
Outcome
Application granted in part
Legal Topics
Interim Payments, Assessment of Damages, Care and Rehabilitation Costs, Liability Settlement, Judicial Guidelines
Personal Injury Civil Procedure Interim Payments Assessment of Damages Care and Rehabilitation Costs Liability Settlement Judicial Guidelines

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Parties

Mr Piotr Salwin

Claimant

Mateusz Sobiepanek

Litigation Friend

Mr Hiathem Shahed

Defendant

Procedural Posture

Personal Injury / Interim Payment Application

Legal Issues

  1. 1 Whether the claimant is entitled to a further interim payment under CPR 25.7
  2. 2 Appropriate quantum for interim payment given prior payments and disputed care needs
  3. 3 Application of Eeles v Cobham two-stage test

Ratio Decidendi

The court, applying a cautious valuation of past and anticipated losses over the next year and the Eeles two-stage test, determined that the claimant is entitled to a further interim payment of £170,000, as prior payments did not exceed a reasonable proportion of the likely final judgment, and the claimant demonstrated a real need for continued rehabilitation funding.

Court Disposition

Application granted in part

Orders

  • Defendant to pay claimant a further interim payment of £170,000, subject to deduction for Compensation Recovery Unit.
  • Valuation not binding for future applications; claimant may apply again with further evidence.