 | Interim Payments in Catastrophic Injury Litigation |
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| Posted By : Bill On 03/09/2018 10:20:08 | |
| I've had many interesting interim payment experiences over the years, but two recent ones stand out. The first is reported as Bayley Porter [2017] EWHC 3205 (QB). I think it’s the largest interim payment ever - £1.9 million – but what struck me about it is that it was contested by the NHS. We had overwhelming evidence that the poor accommodation was hindering the claimant’s progress, but, instead of a sensible dialogue about how to improve matters, the case was taken to court, resulting in another demonstration of how Eeles does not stop claimants buying houses. The second is again a case where the claimant’s progress is damaged by what I would call defence intransigence; failure to fund rehabilitation, causing limitation of the therapies, and possibly impacting on the eventual independence of the claimant (which might have a cost impact adverse to the defendant). I think interim payments are a major area where neutral facilitation would work – I'm sure that a good facilitator could have managed both these cases to a better, and cheaper for the defendant, result. | |
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