TTT v Kingston Hospital NHS Trust [2011] EWHC 3917 (QB)

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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Interim Payments: Room for rent

Deidre Goodwin analyses Eeles applications and the case for reviewing Roberts v Johnstone ‘The leit motif running through reported Eeles and trial decisions is that Roberts v Johnstone [1989] is an imperfect solution.’Has the time come to reconsider the validity of the apparently immutable Roberts v Johnstone [1989] principle in order to provide a fairer …

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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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