The Claimant had been a member of the Royal Marines. He injured his shoulder during a stretcher carrying training session when a team member dropped the stretcher. The Claimant's case was that the Defendant should not have allowed the other team member to take part as he was unfit to do so. The Defendant denied liability.
The Claimant had the benefit of insurance payments in the UK amounting to £31,000.00. he also had the benefit of insurance payments under US law amounting to $1,200.00 a week. He was in the process of negotiating a lump sum to replace the weekly payments. The Claimant had made it clear he would give credit for any insurance payments in any settlement.
The Claimant applied for a split Trial on the basis the Judge would be placed in an impossible situation at Trial in determining quantum whilst the lump sum had not been decided. The Judge would have to offset the weekly payments which would leave the Claimant with significantly less than he would have received had a lump sum been decided upon.
The Defendant submitted it was not proportionate to order a split trial.
The Claimant's submission was a strong one. It was likely that if the Claimant succeeded in liability a settlement would be agreed without the need for a quantum trial. If the Defendant were to succeed at the liability Trial, the quantum trial would not be required. The difficulty of quantifying damages in the absence of the lump sum meant the application should succeed.