Singleton v G Thatcher Felt Roofing [2002] JRC 105 (27 May 2002)

Singleton v G Thatcher Felt Roofing [2002] JRC 105 (27 May 2002)

The court held that an interim payment of £5,000 was justified as it did not exceed a reasonable proportion of the likely damages, given the plaintiff's ongoing loss of earnings and the evidence available. The court could not definitively determine whether the plaintiff had mitigated his loss, but assumed in favour of the defendant for the purposes of this application.

Citation
[2002] JRC 105
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
27 May 2002
Procedural Posture
Application for Interim Payment of Damages / Interlocutory
Outcome
interim payment granted
Legal Topics
Interim Payments, Mitigation of Loss, Assessment of Damages
Personal Injury Employment Law Civil Procedure Interim Payments Mitigation of Loss Assessment of Damages

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Application for Interim Payment of Damages / Interlocutory

Legal Issues

  1. 1 Whether the plaintiff is entitled to a further interim payment of damages
  2. 2 Whether the plaintiff has mitigated his loss by seeking alternative employment
  3. 3 What constitutes a reasonable proportion of damages for interim payment

Ratio Decidendi

The court held that an interim payment of £5,000 was justified as it did not exceed a reasonable proportion of the likely damages, given the plaintiff's ongoing loss of earnings and the evidence available. The court could not definitively determine whether the plaintiff had mitigated his loss, but assumed in favour of the defendant for the purposes of this application.

Court Disposition

interim payment granted

Orders

  • Defendant to make an interim payment of £5,000 to the plaintiff.