Claim No. QB-2018-000101
In the High Court of Justice
Queen’s Bench Division
19 June 2020
AXM (A child by her mother and litigation friend, DXM)
Royal Surrey County Hospitals NHS Foundation Trust
UPON a approval hearing
AND UPON hearing John de Bono, one of Her Majesty’s Counsel and Judith Ayling, one of Her Majesty’s Counsel for the Defendant
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 prior to and in the course of her birth on 19 February 2013 and in respect of which these proceedings were commenced by the Claimant against the Defendant in the High Court of Justice Queen’s Bench Division;
AND WHEREAS the Claimant is a Child and brings the Claim by her Mother and Litigation Friend;
AND UPON READING the confidential Advice from Leading Counsel for the Claimant dated 21st January 2020 and the bundle before the Court;
AND UPON the Court having approved the terms of this Order and the Schedule
annexed to this Order;
AND BY CONSENT : –
IT IS ORDERED THAT : –
1. All further proceedings in this action be stayed for 2 years until 19th February 2022 (the Claimant’s 9th birthday.)
2. The trial listed on 2nd November 2020 be vacated. [Master’s Note: This direction is given after consultation with the Judge in Charge of the Lists].
By 5th February 2022, the parties are to update the Court as to whether the stay should remain in place. In default of agreement, the parties have leave to apply to the Court for a Case Management Hearing and further directions on the issue of quantum.
4. The Defendant do pay to the Claimant the sum of £25,000.00 as an interim payment of damages; the said payment to be paid to the Claimant’s solicitors by 1st April 2020. Of the said £25,000 – £10,000 is on account of past gratuitous care provided by the Claimant’s mother; the balance of £15,000 is to be released to meet the Claimant’s needs as and when necessary.
5. The Defendant do pay the Claimant’s costs to and including 2nd March 2020 forthwith on the standard basis such costs to be the subject of a detailed assessment, if not agreed, payment to be made within 28 days of agreement or order;
6. The Defendant do pay the sum of £100,000.00 on account of the Claimant’s costs by 30th March 2020;
7. There be permission to restore.
8. Claimant to serve sealed order.