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The High Court refused the plaintiff's application for a modular trial in a personal injury action concerning a catastrophic injury allegedly suffered by a child at a local authority halting site, holding that the credibility issues and allegations of fraud, collusion, and exaggeration permeated both liability and quantum, making it inappropriate to separate these issues for trial. The court ruled that the trial would proceed in the traditional single hearing format, as separating liability from quantum would prejudice the defendant, potentially hinder a full examination of the witnesses, and substantially increase costs and court time if experts needed to be called twice. The court also refused the plaintiff's request for damages to be assessed on an interim basis, directing that damages should be assessed on a whole life basis given the evidence available on the plaintiff’s prognosis. The plaintiff was, however, ordered to provide full particulars of special damages claimed and to answer the defendant's enquiries regarding engagement with local authority housing within eight weeks.
modular trial – personal injuries – child plaintiff – local authority accommodation – liability – quantum – credibility – fraud – collusion – exaggeration – whole life damages – interim damages – special damages particulars – Rules of the Superior Courts (RSC) – care requirements – medical evidence – engineering evidence – catastrophic injury
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