| Source: | All England Reporter |
| Publisher Citation: | [2009] All ER (D) 57 (Aug) |
| Neutral Citation: | [2009] EWHC 1965 (QB) |
| Court: | Queen's Bench Division |
| Judge: | Blair J |
| Representation | Robin Oppenheim QC (instructed by Parlett Kent Solicitors) for the claimant. |
| Christina Lambert QC (instructed by Bevan Brittan LLP) for the defendant. | |
| Judgment Dates: | 31 July 2009 |
Catchwords
Practice - Pre-trial or post-judgment relief - Interim payment - Wrongful birth - Defendant admitting liability - Judgment entered by consent - Assessment of damages - Calculation of interim payment
The Case
Practice Pre-trial or post-judgment relief. The Queens Bench Division held that where it was not possible to give an accurate estimate of life expectancy of a child born with congenital defects, where the court took a conservative view to the life expectancy for the purposes of assessing an interim payment of damages then it should not also deduct from the multiplier as to do so would be unduly cautious.
Practice Areas
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