Question 1 of 10

You act for the defendant in a High Court claim for personal injuries made on behalf of Philip, who was involved in a serious cycling accident. Philip was not wearing a helmet and suffered catastrophic head injuries. As a result Philip is a protected party represented by his mother as his litigation friend. At the recent trial on liability, judgment was given against the defendant for damages to be assessed. A finding was made that Philip was 15% contributorily negligent. Philip’s prognosis and future loss is still unclear and it will be some time before the final damages hearing can take place. An interim payment application has therefore been filed and served on Philip’s behalf seeking £250,000. Final judgment is likely to exceed two million pounds. In these circumstances, which one of the following statements would be the BEST ADVICE to give the defendant in relation to the court’s powers to order an interim payment in these circumstances?

A. The court may not make an order for an interim payment pending assessment of final damages as Philip is a protected party. B. The court may make an order for an interim payment as the claimant has obtained judgment for damages to be assessed. Given the value of the likely final judgment the court does not have to take into account contributory negligence in determining the amount of the interim payment. C. The court may make an order for an interim payment because the claimant has obtained judgment for damages to be assessed. The court must take contributory negligence into account in determining the amount of the interim payment. D. The Defendant must file any written evidence relied upon in relation to the application at least 7 days before the hearing of the application.