Howard Elgot succeeds in King’s Bench – Interim Payment Appeal
On 20th October 2026 Howard Elgot, instructed by Kathryn Watson of Armstrong Foulkes, succeeded in an interim payment appeal before Sir Michael Soole, sitting as a judge of the King’s Bench Division.
In Cooke v York and Scarborough NHS Trust, Master Brown refused to order an increase in the £200,000 interim payment already made to a lower limb amputee in a case where liability and causation were admitted.
The claimant appealed and the Master’s order was varied to increase the interim payment to a total of £700,000. The court ordered costs in the case in respect of the application and the appeal, in effect giving the claimant all his costs to date.
The appeal left outstanding a decision on the admissibility of free-standing life expectancy evidence from a general physician based primarily upon the smoking and drinking history of the claimant. The admissibility of such evidence, upon which Master Brown gave permission to exchange reports, will be challenged at trial.
