Brown ( A Minor) v Emery: QBD 4 Mar 2010

The court considered an application for an interim payment to fund the purchase of suitable accommodation in which the child claimant might spend periods of time with her parents and sibling and ultimately reside on discharge, at a cost of andpound;777,500. The defendants said that the application was premature in that it was not clear that accomodation would be included in the final award.
Held: The court refused the application in part, disallowing the application for capital provision because it was not yet clear that the final award would include such an element in the form proposed.

Teare J
[2010] EWHC 388 (QB)
England and Wales
CitedStringman (a minor) v McArdle CA 1994
The young plaintiff, under a disability, had asked for an interim payment of andpound;100,000 to adapt a house already bought. McCullough J upheld the refusal of the district judge to make that interim payment, taking the view that the plans for the . .
CitedCampbell v Mylchreest CA 23-Jan-1998
The claimant sough an interim award of damages.
Held: An ‘unlevel playing field’, in the sense that an interim award might prejudge arguments which might be run at a full trial, is not an absolute bar to making the requested order but only a . .
CitedSwain v Hillman CA 21-Oct-1999
Strike out – Realistic Not Fanciful Chance Needed
The proper test for whether an action should be struck out under the new Rules was whether it had a realistic as opposed to a fanciful prospect of success. There was no justification for further attempts to explain the meaning of what are clear . .
CitedCobham Hire Services Ltd v Eeles CA 13-Mar-2009
The court was asked what is the correct approach to the making of an interim payment in a heavy personal injury claim where the damages, when finally assessed, are likely to include one or more periodical payments orders pursuant to section 2 of the . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages

Updated: 12 January 2022; Ref: scu.402521