 | Interim payments and the discount rate - have they gone up accordingly? |
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| Posted By : Bill On 09/01/2018 07:30:00 | |
| I wonder whether anyone has seen an interim payment of more than £1.9 million recently? The change in the discount rate has changed current levels of damages, so I would expect interim payments to have gone up accordingly, but I don’t seem to have read of any big ones. We got £1.9 million just before Christmas. The judge applied the two-stage test established in Eeles (a case I was in). He decided that the claimant's current home was wholly unsuitable, and that the fact that the only suitable accommodation identified was larger and more expensive than a property that would exactly match the claimant's needs was a problem for the trust as the tortfeasor, not a misfortune to impose on the claimant. The second stage was triggered where the requested interim payment exceeded a reasonable proportion of the likely award assessed under stage 1, as it did in the instant case. There was an urgent and pressing need for the claimant to move to more suitable accommodation. | |
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