Grainger v Cooper [2015] EWHC 1132 (QB) (23 April 2015)

Grainger v Cooper [2015] EWHC 1132 (QB) (23 April 2015)

There is no reasonable necessity for the claimant to purchase alternative accommodation before trial, and the court cannot confidently predict the trial judge will capitalise heads of future loss other than care and case management. The claimant is entitled to a further interim payment only under Eeles stage one, in the sum of £133,000.

Citation
[2015] EWHC 1132
Parties
Claimant: Miss Kirsty Grainger; Defendant: Mr Mohammed James Cooper
Jurisdiction
England and Wales
Judgment Date
23 April 2015
Procedural Posture
Personal Injury / Interim Payment Application
Outcome
Application granted in part
Legal Topics
Interim Payments, Damages Assessment, Accommodation Claims, Spinal Cord Injury, Paraplegia
Personal Injury Civil Procedure Interim Payments Damages Assessment Accommodation Claims Spinal Cord Injury Paraplegia

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Parties

Miss Kirsty Grainger

Claimant

Mr Mohammed James Cooper

Defendant

Procedural Posture

Personal Injury / Interim Payment Application

Legal Issues

  1. 1 Whether the claimant is entitled to a further interim payment to fund the purchase and adaptation of a property before trial
  2. 2 Whether the expenditure is reasonably necessary prior to trial
  3. 3 Whether the court can confidently predict the trial judge will capitalise heads of future loss

Ratio Decidendi

There is no reasonable necessity for the claimant to purchase alternative accommodation before trial, and the court cannot confidently predict the trial judge will capitalise heads of future loss other than care and case management. The claimant is entitled to a further interim payment only under Eeles stage one, in the sum of £133,000.

Court Disposition

Application granted in part

Orders

  • Further interim payment of £133,000 directed to the claimant