header-logo header-logo

26 March 2009
Issue: 7362 / Categories: Case law , Law digest , Damages , Personal injury
printer mail-detail

Personal injury

Eeles (a child, by his mother and litigation friend) v Cobham Hire Services Ltd [2009] EWCA Civ 204, [2009] All ER (D) 144 (Mar)

Where a judge is considering whether or not to make an interim payment in a case in which the trial judge may wish to make a periodical payments order, his first task is to assess the likely amount of the final judgment, leaving out of account the heads of future loss which the trial judge might wish to deal with by Periodical Payment Orders.

It will usually be appropriate to include accommodation costs in the expected capital award. The interim payment will be a reasonable proportion of that assessment, but a reasonable proportion may well be a high proportion, provided that the assessment has been conservative. For this part of the process, the judge need have no regard as to what the claimant intends to do with the money.

The judge will be entitled to include in his assessment of the likely amount of the final judgment additional elements of future loss where he can confidently predict that the trial judge will wish to award a larger capital sum than that covered by general and special damages, interest and accommodation costs alone.

Before taking such a course, the judge must be satisfied by evidence that there is a real need for the interim payment requested.

Issue: 7362 / Categories: Case law , Law digest , Damages , Personal injury
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Nick McDonnell, Kain Knight

NLJ Career Profile: Nick McDonnell, Kain Knight

Nick McDonnell of Kain Knight reflects on an unexpected legal career, his drive to support vulnerable clients and the surprising pleasures of watching nothing happen

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter strengthens property team with new partner appointment

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale expands London disputes capabilities with addition of two leading partners

NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
back-to-top-scroll