ON APPEAL FROM CAMBRIDGE COUNTY COURT
(HIS HONOUR JUDGE O'BRIEN)
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE ETHERTON
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Mr J Benson (instructed by Hill Dickinson LLP) appeared on behalf of the Respondent.
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LORD JUSTICE LONGMORE:
"Please find attached a cheque in the sum of £3200 made payable to your client, Mr Mustafa Ali. This payment is made without an admission of liability and is made in order that your client may mitigate his loss whilst their own investigations and negotiations are continuing. It should not be regarded as an admission or concession in any way. Should it transpire that Stagecoach are not liable for cause of the accident in part or at all or any agreed settlement or court ordered settlement is less than this interim payment, then we shall seek recovery of any over payments from your client. Please make sure that he is aware of this. In that regard we require confirmation that the payment is accepted on the above basis."
"This payment should enable your client to either repair his vehicle or purchase a replacement vehicle or otherwise mitigate his alleged loss. If your client fails to utilise these monies in a reasonable and prompt manner it will be drawn to the attention of the court in any future proceedings. If he is in a credit hire vehicle, that hire should cease seven days after the date of this letter."
"The court must have regard to any payment into court or admissible offer to settle made by a party which is drawn to the court's attention and which is not an offer to which costs consequences under part 36 apply."
LORD JUSTICE ETHERTON:
Order: Appeal allowed.