AAB -v- EFF (anonymity order published under CPR 39.2(5)
Claim No: QB-2019-004058
In the High Court of Justice
2 December 2019
The Hon Mr Justice Stewart
AAB (A protected party by his mother and litigant friend CCD)
(a company incorporated in accordance with the laws of the Slovak Republic)
Before The Hon Mr Justice Stewart sitting at the Royal Courts of Justice on the 2nd day of December 2019
The Claimant is a protected person and brings his claim by his mother and Litigation Friend.
Upon hearing Counsel for the Claimant and the Defendant
AND UPON the parties having agreed that the terms of settlement shall be confidential to the parties, their legal advisers and the Court.
And upon the following terms of settlement agreed between the parties having been approved by and made an order of the Court.
Upon reading the trial bundle including the financial report prepared by Richard Cropper dated 24th October 2019 and the Advice of Gerard McDermott QC dated 7th November 2019.
BY CONSENT it is ordered that all further proceedings in this action be stayed save for the purpose of enforcement or of carrying the said terms into effect and that there be liberty to apply for that purpose and generally:
1. The Claimant be at liberty to accept the sum of £19,000,000.00 in satisfaction of the claim herein in the manner hereinafter provided.
2. That the said sum be satisfied as follows:
a. The Claimant do give credit for the total sum of £1,999,634.80 received from the Defendant by way of interim payments
b. In accordance with the CRU Certificate valid until 6th January 2020 the Defendant shall discharge the recoverable benefits in the sum of £30,104.80 to the Compensation Recovery Unit.
C. The Defendant shall pay the net sum of £16,970,260.40 in full and final settlement to the Claimant’s solicitors by no later than 28 days of the date of this order to hold to the order of the Court of Protection pending appointment of a new Deputy and then to transfer the same to the new Deputy.
d. The Claimant’s solicitors be at liberty to pay £ 90,000.00 from the above sum to the Claimant’s mother by way of payment for gratuitous care which forms part of the claim herein,
3. Upon payment of the sums set out above the Defendant be discharged from all or any liability in damages (and interest thereon) to the Claimant in respect of the accident which is the subject of this claim.
4. The Claimant do give credit for the interim payment on account of costs in the sum of £51,415.20.
5. The Defendant shall pay the Claimant’s solicitors in the further sum of £283,584.80 in full and final settlement of the Claimant’s costs within 21 days of the date of this order.
Upon payment the Defendant is discharged from any further liability in relation to costs.
By the Court
2nd December 2019