AMA -v- Centremark Properties Limited and another (anonymity order)

County CourtAnonymity Order

Claim no: J00YX052

In the County Court at Leeds

9 October 2024

Before:

His Honour Judge Malek

Between:

AMA
(A Child, by his Father and Litigation Friend, Mr VMA)

-v-

Centremark Properties Limited

and

BMA

………………………………………………………………………………………………………………………………………………………………………………………………

ANONYMITY ORDER

……………………………………………………………………………………………………………………………………………………………………………………………….

If the Defendant fails to pay the said sum into Court by the date ordered, the Defendant shall also pay into Court such further sum as the Court Funds Office shall certify as being the amount lost by the Claimant by the late payment, forthwith upon service of such certificate.

UPON a hearing before His Honour Judge Malek

AND UPON an application being made on behalf of the Claimant for approval of a settlement

AND UPON the Defendant determining to discontinue its Part 20 Claim against the Part 20 Defendant should the settlement reached with the Claimant be approved by the Court

AND UPON hearing Counsel for the Claimant and Counsel for the Defendant/Part 20 Claimant, and upon the Claimant and Part 20 Defendant’s instructed solicitor also being in attendance.

IT IS ORDERED THAT:

  1. The trial listed in this matter to take place on 18th and 19th November 2024 is vacated.
  2. The Claimant may accept the sum of £108,000.00 net in satisfaction of the claim.
  3. The Defendant pay the sum of £108,000 net, to the Court Funds Office (within 21 days of receipt of the sealed Order arriving from the Court), to be invested and accumulated for the benefit of the Claimant as follows:
    a. 70% of the said sum to be invested in the Equity Index Tracker Fund
    b. 30% of the said sum to be invested in the Special Investment Account,
    c. All interest and dividends to be reinvested in the Equity Index Tracker Fund

4. The fund to be paid to the child on majority as he may request.

  1. Any interest accrued up to the date of this order on any money in court paid in by or on behalf of the Defendant be paid out to the Defendant’s solicitors.
  2. The Defendant pay the Claimant’s costs on the standard basis, which are to be subject to assessment if not agreed, with permission to request assessment to be dispensed with, and the Claimant’s solicitor waiving any claim to further costs.
  3. Upon payment of the sum and costs referred to above, the Defendant be discharged from further liability in respect of all claims made by the Claimant against them in these proceedings.
  4. The Defendant do file a notice of discontinuance of its Part 20 claim on the Part 20 Defendant forthwith. There be no order as to costs in respect of the Part 20 Claim.
  5. All further proceedings be stayed except that any party has permission to apply to the Court for the purpose of carrying this order into effect.

Dated this 9th day of October 2024