Jurisdiction(s):
United Kingdom

CPR 25.10 interim payments in brain injury: conservative assessment, TIL rejection, contributory negligence and impact of asylum status—SRN v Nekiwala [2026] EWHC 16 (KB) (England and Wales)

Published on: 10 February 2026

Published by a LexisNexis PI & Clinical Negligence expert

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Article summary

What are the practical implications of this case?

SRN v Nekiwala and another [2026] EWHC 16 (KB) underscores the wide judicial discretion in granting interim payments under CPR 25.10(1). It offers guidance on how courts estimate a reasonable proportion of the likely final judgment in brain injury claims where a defendant resists a TIL, challenges treatment and/or runs contributory negligence points. The claimant’s intricate immigration status also influenced the outcome; the defendant accepted that, if status is regularised in future and medical evidence shows significant ongoing symptoms, the claimant would have a stronger basis for a substantial interim payment later (para [23]). A further difficulty was the court’s refusal to fund a TIL because defence experts disputed its necessity and the claimant had not firmly committed to it. Claimant practitioners should assemble persuasive medical and witness evidence to support any proposed TIL and ensure the claimant expressly agrees to undergo the identified treatment. From a defendant standpoint, as the application ultimately succeeded but for a...

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