Sarah Robson Barrister

Key Point

A Claimant must have paid for vehicle damages personally before an interim payment can be claimed for them

Ampratwum & Zbigniew Samajeden v Esure​

Birkenhead CC, 5th June 2013

Sarah successfully argued here that a Claimant was not justified in leaving the Portal when a Defendant failed to make a payment for an interim payment within the requisite time.

The entitlement to an interim payment for damages, sometimes called additional damages, only arises where a Claimant personally has paid out for that head of loss. If an interim payment for normal damages had not been made in time then a Claimant could leave the Portal.

Please note there is no available copy of this judgment.

This case makes the point that portal rules must be carefully studied!