Christie & Anor v Rogers

Christie & Anor v Rogers

A further interim payment of £150,000 is justified as a reasonable proportion of the likely final award, taking into account the claimant's real and immediate needs for care and living expenses to trial, the sums already paid, and the need not to fetter the trial judge's discretion regarding periodical payments. The award balances the claimant's needs with the requirement for judicial caution in light of previous payments and available resources.

Parties
Claimant: Christie; Claimant: Another (husband of first claimant); Defendant: Rogers
Jurisdiction
England and Wales
Judgment Date
28 January 2010
Procedural Posture
Civil Personal Injury / Application for Further Interim Payment Pending Trial
Outcome
Application granted in part
Legal Topics
Interim Payments, Damages Assessment, Periodical Payments Orders, Care Costs, Accommodation Costs
Personal Injury Civil Procedure Interim Payments Damages Assessment Periodical Payments Orders Care Costs Accommodation Costs

Case Brief

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Parties

Christie

Claimant

Another (husband of first claimant)

Claimant

Rogers

Defendant

Procedural Posture

Civil Personal Injury / Application for Further Interim Payment Pending Trial

Legal Issues

  1. 1 Whether a further interim payment should be made to the claimant pending trial
  2. 2 What is a reasonable proportion of the likely final award for the purposes of an interim payment under the Civil Procedure Rules and the Damages Act 1996
  3. 3 Whether the claimant's needs justify a further interim payment without unduly fettering the trial judge's discretion to make a periodical payments order

Ratio Decidendi

A further interim payment of £150,000 is justified as a reasonable proportion of the likely final award, taking into account the claimant's real and immediate needs for care and living expenses to trial, the sums already paid, and the need not to fetter the trial judge's discretion regarding periodical payments. The award balances the claimant's needs with the requirement for judicial caution in light of previous payments and available resources.

Court Disposition

Application granted in part

Orders

  • A further interim payment of £150,000 to the claimant