Refusal of adjournment

Corbett v South Yorkshire Strategic Health Authority CA SJ 5 January

The defendant admitted liability for the brain injury causing cerebral palsy that was suffered by the claimant at birth. A date was fixed for the trial of quantum, which included consideration of the issue as to whether periodical payments for his future care should not be linked to the retail price index, but to some other earnings-related index or measure. Before the hearing, the High Court gave judgment in the separate case of Thompstone in which it held that a periodic payments order in respect of payments for future care was to be linked to an earnings-related index. That decision was being appealed and the defendant applied for the present action to be adjourned pending the determination of the Thompstone appeal. The judge refused the application to adjourn and the defendant appealed.