Summary of Recent Cases – Civil Procedure

Interim payment of £500,000 awarded where it represented a reasonable proportion of the likely capitalised sum that he would receive at trial on quantum.

Beasley v Alexander (2013) (QBD (Judge Simpkiss) 04.02.13

The applicant applied for an interim payment of £500,000. The defendant argued that the court should award no more than £250,000 and review the situation since the claimant was showing signs of improvement.

The claimant had produced a Scott Schedule suggesting he was likely to receive in excess of £1 million at trial. The defendant had not seriously challenged the Schedule and had conceded that at least £675,000 was likely to be awarded at trial.

The claimant had satisfied CPR r.25.7(1)(b) because he had obtained judgment for damages to be assessed. As to the proportionality of the proposed interim payment award, the court’s first task was to establish the likely award the claimant would receive a s lump sum, excluding heads of future loss. An interim payment had to be a reasonable proportion of the likely award, but a reasonable proportion could be a high one.

In the circumstances £500,000 was a reasonable proportion of the likely award.

April 1, 2013 · Editorial Team · Comments Closed
Posted in: Cases