Periodical Payments - an alternative remedy in catastrophic injury claims

Davies & Ingram are delighted to present a talk concerning the recent case X v The Estate of Y and AXA Insurance UK PLC where the Royal Court made the first ever periodical payments order on a personal injury claim in the Channel Islands. The court exercised its inherent common law jurisdiction by reference to the statutory regime in England and Wales.

Neil Block QC and Advocate Lee Ingram, who acted for the Defendant, will introduce the statutory regime and explain the legal hurdles that had to be cleared in order to satisfy the Royal Court that there was reasonable security for future payments fro the Order to be made. Neil and Lee will discuss the important issue of the position of the MIB in relation to this issue of security and its involvement in the Royal Court proceedings. They will also discuss the extension of periodical payment orders in different classes of insurance policies.

Neil has appeared as an advocate in a wider range of courts and tribunals. He has a reputation as a sensitive and brave advocate, a skilled negotiator and commercially aware practitioner. Historically his clients have usually been insurers, their insured, defence organisations or other major institutions; notwithstanding this he has been instructed by and continues to act for claimants, whether individuals or organisations and has considerable experience of multi-party litigation.

Lee is and Advocate of the Royal Court and a fellow of the Charterer Insurance Institute. His specialist practice area is Insurance Law and has a long standing reputation within the London and Jersey Insurance profession for advising many prominent insurers; Independent underwriters and Insurance Brokers. he is a member of the British Insurance Law Association and is presently the President of the Jersey Institute Council and regularly presents seminars to the Channel Islands and London Insurance industries on wide ranging insurance related topics