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England and Wales High Court (Queen's Bench Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales High Court (Queen's Bench Division) Decisions >> Revill v Damiani [2017] EWHC 2630 (QB) (27 October 2017) URL: http://www.bailii.org/ew/cases/EWHC/QB/2017/2630.html Cite as: [2017] EWHC 2630 (QB) |
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QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL |
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B e f o r e :
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Joseph James Penn Revill (a protected party proceeding by his litigation friend, Kirsty Marie Jarram) |
Claimant |
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- and - |
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Philip Damiani |
Defendant |
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Stephen Grime QC (instructed by Weightmans) for the Defendant
Hearing date: 12th October 2017
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Crown Copyright ©
Mr Justice Dingemans:
Introduction
The evidence
The accident and Mr Revill's injuries
The memorandum of agreement dated 24th February 2017
The change of discount rate and withdrawing from the agreement
Relevant provisions of the CPR
The effect of CPR 21.10
Relevant provisions of the Human Rights Act
Relevant legal principles
Some common ground and the issue in dispute
The claim made by Mr Revill is not within the ambit of article 1 protocol 1 of the ECHR
CPR 21.10 is a proportionate means of achieving legitimate aims
Other developments
Conclusion