McLaughlin v Italian Coffee Holdings Ltd t/a Caffe Nero & Ors (Rev1) [2024] NIMaster 12 (22 May 2024)

McLaughlin v Italian Coffee Holdings Ltd t/a Caffe Nero & Ors (Rev1) [2024] NIMaster 12 (22 May 2024)

Plaintiff demonstrated real, immediate, and reasonably necessary need for interim payment. On balance of probabilities, plaintiff will succeed and attract substantial damages. Application is properly made against first and third defendants only; insufficient evidence to order payment against second defendant due to lack of insurance and weak liability case.

Citation
[2024] NIMaster 12
Parties
Plaintiff: Imelda McLaughlin; First Defendant: Italian Coffee Holdings Limited t/a Caffe Nero; Second Defendant: Ageas Insurance Limited - Insurers of One 2 One Signs Solutions Limited (in liquidation); Third Defendant: Radiant Blinds Limited
Jurisdiction
Northern Ireland
Judgment Date
22 May 2024
Procedural Posture
Personal Injury Damages Claim / Interlocutory Application for Interim Payment
Outcome
Plaintiff's application for interim payment granted against first and third defendants only; provisional apportionment subject to further submissions.
Legal Topics
Interim Payments, Liability Apportionment, Insurance Repudiation, Catastrophic Injury Damages
Tort Personal Injury Civil Procedure Interim Payments Liability Apportionment Insurance Repudiation Catastrophic Injury Damages

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Parties

Imelda McLaughlin

Plaintiff

Italian Coffee Holdings Limited t/a Caffe Nero

First Defendant

Ageas Insurance Limited - Insurers of One 2 One Signs Solutions Limited (in liquidation)

Second Defendant

Radiant Blinds Limited

Third Defendant

Procedural Posture

Personal Injury Damages Claim / Interlocutory Application for Interim Payment

Legal Issues

  1. 1 Whether the plaintiff is entitled to an interim payment under Order 29 Rules of the Court of Judicature (Northern Ireland) 1980
  2. 2 Which defendants are liable for the interim payment
  3. 3 Whether the second defendant is insured and liable to contribute

Ratio Decidendi

Plaintiff demonstrated real, immediate, and reasonably necessary need for interim payment. On balance of probabilities, plaintiff will succeed and attract substantial damages. Application is properly made against first and third defendants only; insufficient evidence to order payment against second defendant due to lack of insurance and weak liability case.

Court Disposition

Plaintiff's application for interim payment granted against first and third defendants only; provisional apportionment subject to further submissions.

Orders

  • First defendant to pay £443,750.00 by way of interim payment within 21 days of service of order.
  • Third defendant to pay £543,750.00 by way of interim payment within 21 days of service of order.