AXV -v- AYB (anonymity)
Claim No.: QB-2016-006146
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
4 November 2020
Before:
Master Brown
Between:
AXV (A Protected Party by his Stepbrother and Litigation Friend, JXO)
-v-
AYB
UPON HEARING Paul Rose QC, Leading Counsel and Mr Bell Counsel for the Claimant and Mr Vincent Counsel for the Defendant
WHEREAS the Claimant has made a claim against the Defendant for personal injuries suffered by him arising out of the Defendant’s admitted negligence on 8th January 2015 and in respect of which proceeding were commenced by the Claimant in the High Court of Justice, Queen’s Bench Division on 12th July 2016
AND UPON the Court being satisfied that the Claimant, who brings the claim by his Litigation Friend, JXO, is a Protected Beneficiary for the purposes of the CPR 21.11(3)
AND UPON the Court considering the written advice of Paul Rose QC dated 24th September 2020
AND UPON the Claimant and the Defendant having agreed in full and final settlement of the Claim the terms set forth herein
AND UPON the Court being satisfied that a lump sum is the more appropriate form for all of any award of damages
AND UPON the Claimant and the Defendant having agreed in full and final settlement of the Claim that the Defendant shall pay to the Claimant a net lump sum of £7,997,500, after deduction of interim payments (with there being no relevant deductible State benefits)
AND UPON the Claimant, through his Solicitor, having undertaken to the Court that he will not institute any further proceedings against the Defendant in connection with the Claim save by way of enforcement of this Order
AND UPON consideration of the Claimant’s Article 8 right to respect for private and family life and the Article 10 right to freedom of expression
AND UPON it appearing that non-disclosure of the identity of the Claimant is necessary in order to protect the interests of the Claimant pursuant to rule 39.2(4) of the CPR and section II of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the CPR
AND UPON a copy of this Order being published on the website of the Judiciary of England and Wales
AND UPON the Claimant’s Solicitors undertaking not to seek to recover from the Claimant or the Claimant’s Litigation Friend any shortfall in costs incurred in the Claim and the agreed order for costs at paragraph 10 below, save as provided for in paragraph 11 of this Order
BY CONSENT IT IS ORDERED AND APPROVED that:
1. The identity of the Claimant, his Litigation Friend and of the
Defendant shall not be disclosed.
2. That the Claimant, his Litigation Friend and the Defendant be described in all statements of case and other documents to be filed or served in the proceedings and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise as “AXV”, “JXO” and “AYB” respectively.
3. That the address of the Claimant, his Litigation Friend and the Defendant be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Claimant’s solicitors.
4. That a non-party may not inspect or obtain a copy of any document on or from the Court file (other than this order duly anonymised as directed) without the permission of a Judge, Master or District Judge. Any application for such permission or to set aside the anonymity order must be made on notice to the Claimant, and the Court will effect service. The file is to be retained on the ‘CE’ File and marked “Confidential” not to be opened without the permission of a Master of Judge of the High Court.
5. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or the Defendant. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate family or the name of the Defendant is prohibited.
6. The provisions of this Order shall not apply:
a. To communications between the Court Funds Office/ Court of Protection and the anonymised party or Litigation Friend in relation to the payment of money into the Court Funds Office for the benefit of the anonymised party or the investment or treatment of payment out of such money; or
b. To communications between the Court Funds Office/ Court of Protection and/or the anonymised party or Friend and any financial institution concerned as to the receipt or investment of such money; or
c. To records kept by the Court Funds Office or the anonymised party or Litigation Friend or any such financial institution in relation to such money.
7. There be judgment for the Claimant against the Defendant in the gross sum of £9,750,000 by way of immediate damages.
8. The Court having previously approved interim payments in the sum of £1,042,500, there is further approval given by the Court in relation to additional interim payments totalling £710,000.
9. The Defendant shall by 4pm on 25th November 2020 pay the net of interim payments sum of £7,997,500 by way of approved damages to the Claimant’s Deputy Account: Account name: PennTrust Deputy for Adam Velle
Sort code: 40-51-62
Account no: 59677452.
10. The Defendant has paid the Claimant’s costs of the action in the agreed final sum of £750,000.
11. There is to be a detailed assessment of the recoverability of the success fee and/or further consideration of the costs of the ATE Premium as between the Claimant and Penningtons Manches Cooper which will be transferred to the SCCO for allocation to a Costs Judge (Master Brown if appropriate.)
12. Upon payment of the above sums in respect of damages, the agreed sum for the Claimant’s costs having already been paid, the Defendant shall be discharged from any further liability in respect of all claims made by the Claimant against them in these proceedings.
13. There is permission to the Claimant and the Defendant to restore with regard to implementation of the terms of the order only.