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26 March 2009
Issue: 7362 / Categories: Case law , Law digest , Damages , Personal injury
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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
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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
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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