Tag Archives: Interim Payments

THE RISKS OF JOINING A THIRD PARTY INTO AN ACTION: THE DEFENDANT MAY NOT RECOVER THE COSTS

The judgment on costs in Axon -v- Ministry of Defence [2016] EWHC 883 (QB) highlights the risks of a defendant bringing a Third Party into an action.  The defendant was successful, however the claimant was not ordered to pay all of the Third Party costs. The defendant was considerably out of pocket. There is also […]

INTERIM PAYMENTS, EVIDENCE AND THE BURDEN OF PROOF: OBSERVATIONS FROM THE HIGH COURT

In Sellar-Elliot -v- Howling [2016] EWHC 443 (QB) Mr Justice Sweeney considered some important issues in relation to interim payments. The case is somewhat unusual in that the judgment is one that refuses permission to appeal. However the judge recognised that the case gave rise to issues of general importance and gave a full judgment […]

SETTING OFF INTEREST AGAINST AN INTERIM PAYMENT: A HIGH COURT DECISION

The judgment of Mrs Justice Cox in Manna -v- Central Manchester University Hospitals NHS Foundation Trust [2015] EWHC 2279 (QB) is a veritable goldmine for anyone who writes about civil procedure or personal injury damages.  One of the, many, issues considered in the judgment issue of whether  an interim payment  in a personal injury case […]

INTERIM PAYMENTS; SERIOUS INJURY; ACCOMMODATION AND EELES

The very first post on this blog was a review of the law relating to interim payments in personal injury cases after Eeles. This issue was raised against in the decision of Grainger -v- Cooper [2015] EWHC 1132 (QB). THE CASE The claimant was rendered paraplegic in a motorbike accident. Liability was admitted. She had […]

INTERIM PAYMENTS AND THE SERIOUSLY INJURED CLAIMANT: SOMEWHERE TO LIVE OR DOWN AT EELES?

Cases and principles relating to interim payments and accommodation in catastrophic injury cases. Prior to the decision in Cobham Hire Services –v- Eeles [2009] EWCA Civ 204 it was a relatively simple matter to obtain a substantial interim payment in a catastrophic injury case.  All that had to be show was that the payment sought […]