£740,000 Interim Payment in Personal Injury Case

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In the recent case of Aiden Oxborrow (by his Litigation Friend Rory Oxborrow) v West Suffolk Hospitals NHS Trust (2012), an interim payment providing enough money for a young severely disabled man to pay the costs for special housing accommodation requirements was deemed appropriate if the trial judge was going to award a high amount of compensation for purchasing and altering a suitable property, instead of renting one.

As the hospital trust had already admitted liability, the Claimant applied for the interim payment to cover the costs of special needs housing accommodation.

Aiden Oxborrow was just five years old when the instant hearing took place, at that time he was suffering from quadriplegic cerebral palsy and was not expected to live beyond his twenty first birthday.

All parties understood that the current rented accommodation where the Oxborrows lived was not suitable for Aiden’s special needs, and that they would be looking for accommodation costs to be paid at the upcoming damages trial. Based on expert figures of the costs required to purchase and outfit appropriate accommodation, the Claimant requested an interim payment of £740,000. It was then argued that it may not be necessary to buy and upgrade a property as a suitable long term rental property could be available.

The court then had to review the amount of compensation that was probable in this case, and then to address whether or not an interim lump sum payment for special needs accommodation was necessary.

There was no likelihood in the instant case that the trial judge would award personal injury compensation based on the fact that suitable accommodation could be rented. If the trial judge calculated accommodation compensation using the Roberts v Johnstone [1989] Q.B. 878 interest calculations, the Oxborrow’s would not get as much as £740,000.

However, as the trial judge was expected to award an adequate lump-sum to enable the Oxborrows to be accommodated substantially in accordance with the expert’s assessment of Aiden’s needs; an interim payment of £740,000 would be ordered.

David Mayor

About David Mayor

David is Head of the Preston Office's Civil Litigation team and deals with all types of private Civil Court disputes. David’s blogs cover his expertise in all aspects of personal injury law from low value Road Traffic Accidents right through to complex large loss claims. David also writes and has a vast array of experience in Public Liability (trips and slips), Employer's Liability (accidents at work), and Motor Claims (motor vehicle accidents, pedestrian accidents).
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