Zac (A Minor) v Estate of A (Deceased) [2018] JRC 088A (16 May 2018)

Zac (A Minor) v Estate of A (Deceased) [2018] JRC 088A (16 May 2018)

An interim payment was ordered as the defendant had admitted liability and the amount sought was a reasonable proportion of likely damages. A stay was granted only in respect of medical and care issues pending the independent living trial, with conditions for review and disclosure. The application for a payment on...

Source-derived case information.

Citation
[2018] JRC 088A
Parties
Plaintiff: Plaintiff (by guardian ad litem); Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
16 May 2018
Procedural Posture
Personal Injury Damages for Road Traffic Accident / Interlocutory Applications for Interim Payment, Stay, and Payment on Account of Costs
Outcome
Interim payment ordered; partial stay granted; payment on account of legal costs refused; further payment on account of disbursements to be considered upon provision of information.
Legal Topics
Interim Payments, Stay of Proceedings, Payment on Account of Costs, Discount Rate, Quantum of Damages, Access to Justice
Civil Procedure Personal Injury Costs Interim Payments Stay of Proceedings Payment on Account of Costs Discount Rate Quantum of Damages +1 more

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Parties

Plaintiff (by guardian ad litem)

Plaintiff

Defendant

Defendant

Procedural Posture

Personal Injury Damages for Road Traffic Accident / Interlocutory Applications for Interim Payment, Stay, and Payment on Account of Costs

Legal Issues

  1. 1 Whether to order an interim payment to the plaintiff under Part 8 of the Royal Court Rules 2004
  2. 2 Whether to grant a stay of part of the proceedings to allow an independent living trial
  3. 3 Whether to order a payment on account of costs before final determination of costs liability

Ratio Decidendi

An interim payment was ordered as the defendant had admitted liability and the amount sought was a reasonable proportion of likely damages. A stay was granted only in respect of medical and care issues pending the independent living trial, with conditions for review and disclosure. The application for a payment on account of legal costs was refused as the outcome of the case was uncertain and the plaintiff's advisers had entered into no win, no fee agreements, but a further payment on account of disbursements (expert costs) was considered appropriate subject to further information.

Court Disposition

Interim payment ordered; partial stay granted; payment on account of legal costs refused; further payment on account of disbursements to be considered upon provision of information.

Orders

  • Interim payment to plaintiff ordered, not exceeding 30% of likely damages.
  • Stay of proceedings granted only as to medical and care issues pending independent living trial, with review after 7 months and quarterly reporting/disclosure obligations.