Smith v Bailey
The appeal is dismissed because the Master correctly rejected contributory negligence due to lack of evidence and properly included accommodation costs as a capital sum in the interim payment, consistent with established legal principles and the Claimant's circumstances.
- Parties
- Claimant: Melvyn Smith; Defendant: Richard Bailey
- Jurisdiction
- England and Wales
- Judgment Date
- 28 July 2014
- Procedural Posture
- Appeal / Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Interim Payments, Contributory Negligence, Accommodation Costs, Damages Assessment
Case Brief
Summary, issues, holding and outcome
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Parties
Melvyn Smith
Claimant
Richard Bailey
Defendant
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the Master erred in awarding an interim payment considering contributory negligence and accommodation costs
- 2 Whether accommodation costs should be included in the interim payment as a capital sum or as part of a periodical payment order
Ratio Decidendi
The appeal is dismissed because the Master correctly rejected contributory negligence due to lack of evidence and properly included accommodation costs as a capital sum in the interim payment, consistent with established legal principles and the Claimant's circumstances.
Court Disposition
Appeal dismissed
Orders
- Interim payment of £500,000 to Claimant upheld
Full Case Text
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