Folkes (by his litigation friend) and others v Generali Assurances

Practice – Pre-trial or post-judgment relief. The first claimant suffered a significant brain injury after he was struck by a car in France. The claimants brought a claim against the defendant company (the driver's insurer), which admitted liability concerning the first claimant, but not as to his injuries. The insurer made an interim payment. The claimants applied for a further interim payment. The Queen Bench Division, in dismissing their application, held that the likely capital sum of damages to be awarded to the first claimant was £660,000 and that, taken together, the figures claimed, which the court had accepted, totalled about £370,378, which was substantially below the figure of £660,00 for the interim payment sought, when added to the previous interim payments, to be a reasonable proportion of that capital sum.

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