Christie & Anor v Rogers [2010] EWHC 249 (QB) (28 January 2010)

Christie & Anor v Rogers [2010] EWHC 249 (QB) (28 January 2010)

A further interim payment of £150,000 is justified as a reasonable proportion of the likely final award, given the claimant's real and immediate care needs to trial, the conservative assessment of likely capital damages, and the unusual circumstances of the case, while ensuring the trial judge's discretion regarding periodical payments is not unduly fettered.

Citation
[2010] EWHC 249 (QB)
Parties
Claimant: Christie and another; Defendant: Rogers
Jurisdiction
England and Wales
Judgment Date
28 January 2010
Procedural Posture
Personal Injury Application for Interim Payment / Application for Further Interim Payment Pending Trial
Outcome
Application granted in part
Legal Topics
Interim Payments, Damages Assessment, Periodical Payments, Care Costs, Accommodation Costs
Personal Injury Civil Procedure Interim Payments Damages Assessment Periodical Payments Care Costs Accommodation Costs

Case Brief

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Parties

Christie and another

Claimant

Rogers

Defendant

Procedural Posture

Personal Injury Application for Interim Payment / Application for Further Interim Payment Pending Trial

Legal Issues

  1. 1 Whether a further interim payment should be ordered pending trial
  2. 2 What constitutes a reasonable proportion of the likely final award under CPR 25.7(4)
  3. 3 Whether the claimant's needs to trial justify a further interim payment given prior payments and use of funds

Ratio Decidendi

A further interim payment of £150,000 is justified as a reasonable proportion of the likely final award, given the claimant's real and immediate care needs to trial, the conservative assessment of likely capital damages, and the unusual circumstances of the case, while ensuring the trial judge's discretion regarding periodical payments is not unduly fettered.

Court Disposition

Application granted in part

Orders

  • Defendant to make a further interim payment of £150,000 to the claimant