Terms of a periodical payments order

Wallace v Follett [2013] EWCA Civ 146

Counsel: For the appellant: Tim Horlock QCFor the respondent: Stephen Killalea QCSolicitors: For the appellant: DAC Beachcroft Claims LtdFor the respondent: Irwin Mitchell LLP

The Court of Appeal has held, in an appeal concerning the terms of a personal injury claim settlement agreement, that the court was required to consider and determine the reasonableness of a term inserted by an insurer that a person who suffered catastrophic injuries should undergo regular medical examinations, and confirm that he was still alive at the start of each payment year.