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When Roberts -v- Johnstone shuts the door on property: The advent of periodical payments, with reduced lump sums, has brought accommodation claims into sharper focus. In cases where life expectancy is short, the problem is particularly acute, since the Roberts -v- Johnstone calculation yields little by way of damages compared to the capital required. The problem is aggravated in cases where the Claimant lives in an area of high property prices. The case of Ryan St George -v- The Home Office illustrates both the problem and a solution. Find out more, please look at our NEWS page.

Interim Payment Applications and Peridocial Payments (01.4.09)

On 4th March 2009, the Court of Appeal heard the case of Benjamin Eeles.  The decision to overturn a further interim payment of £1.2 million awarded at first instance has been reported in some quarters as being down to a fettering of the trial judge's ability to award damages in the form of periodical payments.   Apparently, the result of this is that financial advice will be required for a substantial interim payment application.

This simply does not seem to be the case on actual reading of the judgment.

To download our Briefing Note, please click here:  Interim Payments and Periodical Payments

Ian Gunn 1st April 2009

Independent Financial Advisers

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