ABC -v- Berkshire Healthcare NHS Foundation Trust (anonymity)
Claim No. QB-2019-003511
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
11 March 2020
Before:
MASTER COOK
Between:
ABC (A child acting through her Mother and Litigation Friend, DEF)
-v-
Berkshire Healthcare NHS Foundation Trust
UPON HEARING Leading Counsel for the Claimant and Leading Counsel for the Defendant
AND UPON READING the written advice of Mr Henry Witcomb, Leading Counsel for the Claimant, dated February 2020
WHEREAS the Claimant has made a claim (the “Claim”) against the Defendant for personal injuries suffered by her arising out of the Defendant’s negligence on or about the 6th of January 2013 and in respect of which proceedings were commenced by the Claimant against the Defendant in the High Court of Justice Queen’s Bench Division on 3 October 2019.
AND WHEREAS the Claimant is a Child and brings the Claim by her Mother and Litigation Friend, DEF
AND UPON the Court being satisfied that CPR 21 has been complied with
AND UPON the following terms of settlement arrived at between the parties being approved and made an order of the Court
BY CONSENT IT IS ORDERED THAT:
1. Judgment shall be entered for the Claimant with the quantum of damages to be assessed. Such quantum assessment shall proceed on a 100% basis which shall then be apportioned to the Claimant on a 45/55 basis with the 45% being paid to the Claimant in respect of her claim.
2. The Defendant shall pay to the Claimant the sum of £100,000 as an interim payment on account of damages by 10 October 2019 to be held by the Claimant’s solicitor in an interest bearing account pending the appointment of a deputy, and to be expended on the Claimant’s immediate reasonable therapeutic and care needs.
3. The Defendant shall pay the Claimant’s costs of and associated with the
issues to the date of the settlement approval hearing on the standard basis
to be subject to a detailed assessment if not agreed.
4. The Defendant shall pay to the Claimant’s solicitors the sum of £115,000 as an interim payment on account of costs by 10 October 2019.
5. A case management hearing is to be applied for on the first date after the 18th of December 2020. Service of statements of case is dispensed.
Dated this 13th day of February 2020