header-logo header-logo

26 November 2009 / Jonathan Scriven
Issue: 7395 / Categories: Features , LexisPSL
printer mail-detail

Interim payments

Jonathan Scriven analyses the need to balance a claimant’s immediate capital needs against their long term financial security

he High Court in Johnson v Compton Cooke [2009] EWHC 2582 (QB) has followed the guidance given earlier this year by the Court of Appeal in Eeles v Cobham Hire Services [2009] EWCA Civ 204 to ensure that a claimant is not awarded an excessive interim payment which could result in insufficient monies being available to fund a Periodic Payments Order (PPO) at the conclusion of a case.

Interim Payment Framework

In high value personal injury claims it is common for substantial interim payments to be made during the lifetime of the claim.

Prior to the amendment of the Damages Act 1996 and the inception of PPO’s the courts would make a broad assessment of the final value of the claim and then award an appropriate interim payment.

Since it is now possible to make a PPO in respect of some or all of the claimant’s future heads of loss, the courts have had to revisit the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
back-to-top-scroll