09 JUN 2015
Grainger v Cooper  EWHC 1132 (QB)
Interim payment - Eeles test - purchase of property
High Court, Queen's Bench Division
23 April 2015
In a personal injury case where liability was not in dispute the claimant sought a further interim payment of damages in order to purchase and adapt accommodation for her own needs. The court ordered an interim application of substantially less than the claimant had asked for.
The claimant had suffered very serious injuries following a motorcycle accident.. It was common ground that the claim would be substantial. Previous interim payments had totaled £970,000. By application the claimant sought an interim payment of £425,000 to fund the purchase and adaptation of a property.
The court considered CPR, rr 25.6 and 25.7 the guidance given in Cobham Hire Services Ltd v Benjamin Eeles. The Eeles guidance comprises two stages. Stage 1 required the court to consider the final amount of the judgment leaving out future heads of loss and what a reasonable proportion of that would be. The court noted that reasonable does not mean low and could be 90%.
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