Campbell 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 factor which must be taken into account. It can only be ignored if the Defendant’s argument is ‘plainly wrong’.

Citations:

[1998] EWCA Civ 60, [1999] PIQR 17

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedSpillman v Bradfield Riding Centre QBD 6-Feb-2007
The claimant child suffered very severe brain injury when kicked in the head by a horse at the defendant’s riding stables. The claimant appealed an interim award of damages. It had not been possible to determine her future earnings. . .
CitedSpillman v Bradfield Riding Centre QBD 6-Feb-2007
The claimant child suffered very severe brain injury when kicked in the head by a horse at the defendant’s riding stables. The claimant appealed an interim award of damages. It had not been possible to determine her future earnings. . .
CitedBrown ( 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 . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 13 November 2022; Ref: scu.143538