Claim No. C90LV042
In the High Court of Justice
Queen’s Bench Divison
26 June 20020
AB, A Protected party by litigation friend CD
Before Her Honour Judge Melissa Clarke sitting as a Deputy High Court Judge at Oxford District Registry, St Aldates, Oxford, OX1 1TL.
UPON the hearing proceeding remotely by telephone and in private.
AND UPON hearing leading counsel for the Claimant and Counsel for the Defendant, the court having read the advice of the Claimant’s leading counsel and the report of the independent financial advisor dated 8th June 2020 & 12th June 2020 respectively
AND UPON the Court being satisfied that this form of Order is that which best meets the Claimant’s needs and that CPR Part 21 has been complied with;
AND UPON the parties having agreed subject to the approval of the Court that the Defendant will pay and the Claimant will accept in full and final settlement of the claim a lump sum of £2,000,000.00 net of the Claimant’s contributory negligence and net of any interim payments already paid to the Claimant. In addition, the Defendant will satisfy the sums due to the Department for Work and Pensions in respect of the relevant liability of the Defendant pursuant to the Social Security (Recovery of Benefits) Act 1997 as at the date the compensation payment is made to the Claimant;
The Court hereby approves the terms of settlement under CPR part 21.10 and making them an Order of the Court
IT IS ORDERED THAT
1. The names of the Claimant, the litigation friend and the Defendant to this action shall be anonymised pursuant to CPR 39.2.4. in order to protect the interest of the Claimant.
2. Pursuant to CPR 39.2.4. there shall not be disclosed in any report of the proceedings the name or address of the Claimant, the Claimant’s litigation friend or the Defendant or any details leading to the identification of the Claimant, his litigation friend or the Defendant. The Claimant, his litigation friend and the Defendant, if referred to, shall only be referred to as “AB”, “CD” and “EF” respectively.
3. Pursuant to CPR 5.4 a person who is not a party to the proceedings may obtain a copy of the statement of case, judgment or order from the court records only if the statement of case, judgment or order has been anonymised such that (a) this Claimant, his litigation friend and the Defendant are referred to in these documents only as “AB”, “CD” and “EF”, and (b) the addresses of the Claimant, the litigation friend and the Defendant, have been deleted from those documents.
4. There be liberty to the Press to apply on notice to the parties on or before 4pm 15th July 2020 as to the making of the above anonymity order.
AND BY CONSENT IT IS ORDERED THAT:
5. The settlement of the Claim on terms that the Claimant accepts the further sum from the Defendant of £2,000,000.00 (two million pounds) is approved.
6. The Defendant shall pay the said sum of £2,000,000.00 (two million pounds) to the Claimant’s solicitors’ account, number 70861723 sort code 20-74-52 by 4pm on 8 July 2020.
7. Upon receipt of the sum referred to in paragraph 5, the Claimant’s solicitors shall forthwith transfer the money to the professional deputies Mr Brian Bacon and Edward Fardell of Thompson Snell & Passmore Solicitors together with any interest accrued.
8. The Defendant shall in addition to the sums set out at paragraph 5 above pay to the Compensation Recovery Unit the relevant liability of the Defendant pursuant to the Social Security (Recovery of Benefits) Act 1997 as at the date the compensation payment in paragraph 5 above is paid to the Claimant’s solicitors.
9. The Court approves the apportionment of past gratuitous care in the sum of £45,238 the distribution thereafter to be directed by the Claimant’s deputy.
10. The Defendant shall pay the Claimant’s costs of the claim agreed in the sum of £370,000.00 inclusive of VAT, to be paid by 4pm on 8 July 2020.
- Upon payment by the Defendant of the sums due to be paid pursuant to paragraphs 5 and 9 above, the Claimant shall discharge the Defendant from all and any further liability in respect of all and any claims made in or arising out of the claim herein, including for the avoidance of doubt claims for costs.
12. All further proceedings and claims in the Claimant’s claim against the Defendant be stayed generally upon the terms set out above except for the purpose of carrying such terms into effect, and for that purpose the Claimant and the Defendant each have permission to apply without issuing further proceedings.
IT IS FURTHER ORDERED THAT
13. The court assesses the success fee for the cfa entered into on 13th December 2013 at 75% and accordingly approves the payment of £60,200.10 as the success fee, plus the payment of the ATE insurance premium of £140.