||All England Reporter
|| All ER (D) 57 (Aug)
|| EWHC 1965 (QB)
||Queen's Bench Division
||Robin Oppenheim QC (instructed by Parlett Kent Solicitors) for the claimant.
||Christina Lambert QC (instructed by Bevan Brittan LLP) for the defendant.
||31 July 2009
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
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.
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