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, balanced against the need not to fetter the trial judge's discretion on periodical payments, and taking into account alternative funding sources and the unusual circumstances of the case.

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

Case Brief

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Parties

Christie and another

Claimant

Rogers

Defendant

Procedural Posture

Personal Injury Interim Payment Application / Application for Further Interim Payment Prior to Trial

Legal Issues

  1. 1 Whether a further interim payment should be ordered given previous interim payments and the claimant's needs
  2. 2 Whether such payment would unduly fetter the trial judge's discretion to make periodical payments orders at trial
  3. 3 Assessment of 'real need' and available alternative funding sources

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, balanced against the need not to fetter the trial judge's discretion on periodical payments, and taking into account alternative funding sources and the unusual circumstances of the case.

Court Disposition

Application granted in part

Orders

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