Cobham Hire Services Ltd v Eeles [2009] EWCA Civ 204 – Law Journals

Payments on account of costs: Putting the cart before the horse?

Long-running litigation can cause cash-flow issues for firms. Harriet Wakeman examines when an application for an interim payment on account of costs will be successful ‘In circumstances where quantum had not yet been determined, did the court have the power to make an order for the payment of costs?’ In HI v Hull & East …

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Clinical negligence: Wrongful birth: a complex anomaly

Julian Matthews looks at the rules limiting recovery of damages in such cases, and practical issues relating to the quantification and management where a claim can be made ‘A wrongful birth claim based upon a negligent failed sterilisation, or failures in relation to antenatal screening, where there is then a disabled child born, is likely …

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Interim payments: You can’t always get what you want

Jasmine Murphy analyses how to defend applications for interim payments ‘CPR 25.7(5) directs that the court must take into account contributory negligence when determining whether the amount sought is not more than a reasonable proportion of the likely final judgment amount.’ Interim payment applications are often the battleground for pre-trial skirmishes, the warm-up before the …

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Brain injury: Challenges for claimants

Deirdre Goodwin examines the pitfalls in quantifying brain injury claims ‘Careful investigation is required of the claimant’s pre-accident employment, not only evidenced by payslips but – in respect of the future – the likely career trajectory.’ This is a time of rapid change: the discount rate, appropriate accommodation claims methodology, as well as significant advances …

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Advocate’s Advice: Be prepared

Bill Braithwaite offers a round-up of some notable recent cases in personal injury law ‘There should always be good reasons for a claimant to choose a more expensive option, and it will make life easier for all if those reasons are explained to the insurer.’ As we approach the end of the year I thought …

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Interim payments: Advance but with ‘disciplined and structured’ caution

Dr Jock Mackenzie and Richard Lodge provide their annual update on interim payments and the Eeles principles ‘It appears the issue causing the most contention between the parties and difficulty for the court is the need for an interim payment to fund the purchase and adaptation of a property.’ In the third of our annual …

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Advocate’s Advice: Good teamwork

Bill Braithwaite QC discusses the essential ingredients for effective case preparation ‘It may seem odd, but I believe that advocacy, in its wider sense, is just as important out of court as it is when presenting to a judge – if not more so.’ I would like to start the year with an exploration of …

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Interim Payments: Continue to advance with caution

Dr Jock Mackenzie and Richard Lodge have another look at the Eeles principles ‘Difficulties remain in obtaining interim payments large enough to fund the purchase and adaptation of a suitable property prior to trial.’ In our article ‘Advance with caution’, PILJ88, September 2010, p2 (not available online), we concluded that at interim payment applications, the …

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Advocate’s Advice: Accommodating interim payments

Bill Braithwaite QC advises that preparation is the key to successful applications ‘Although there are many different ways of expressing the same concept, claimants must always try to solve their accommodation problems in the cheapest, reasonable way. Because the landscape has changed since Eeles, it is all the more important for claimants to compromise their …

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