Appeal against dismissal of C’s application for interim payment. C suffered neurological injury due to tuberculous meningitis. She alleges that but for D’s negligence her TB would have been recognised at an early stage, she would have been diagnosed and treated, with recovery.
Liability in dispute, D asserting novus actus/contributory negligence.
Rule 25.7 RSC provides:
(1) The court may only make an order for an interim payment where any of the following conditions are satisfied:
(c) it is satisfied that, if the claim went to trial, the claimant would obtain judgment for a substantial amount of money (other than costs) against the defendant from whom he is seeking an order for an interim payment whether or not that defendant is the only defendant or one of a number of defendants to the claim…”
“…I cannot, on the present state of the evidence and argument, be satisfied that, if the claim went to trial, the claimant would obtain judgment for a substantial amount of money….” (paragraph 36)