Claim No.: QB-2020-004105
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
24 November 2020
MASTER CM (A MINOR THROUGH HIS MTHER AND LITIGATION FRIEND, MS GJ
Northern Devon Healthcare NHS Trust
UPON READING the Claimant’s application for Judgement and approval of an interim payment.
IT IS HEREBY ORDERED
- On the issue of liability relating to the left sided brachial plexus injury
suffered by the Claimant at the time of his birth on 22 December 2015,
Judgement be entered for the Claimant with Condition and Prognosis and
damages to be assessed.
- The service of Particulars of Claim, Schedule of Financial Losses and a
Medical Report is dispensed with.
- There be no requirement for the Defendant to file a Defence with the
- The Court do approve, pursuant to CPR Part 21.10, a payment on account of
damages already made direct to the Claimant’s solicitors in the sum of
£30,000 of which £15,000 is to be paid to the Claimant’s mother in respect
of gratuitous care provided to date with the additional £15,000 to be used
to meet the Claimant’s immediate needs.
- Pursuant to Civil Procedure Rule 21, Practice Direction 8.1 (2) the Court authorises the
expenditure of the interim payment sum for the Claimant’s immediate benefit towards
the costs of (not necessarily agreed by the Defendant at this stage) gratuitous care,
professional care, case management, accommodation, adaptations and provision for
transport costs, procurement of equipment, therapy programmes and general expenses
as may be advised by treating therapists and/or a Case Manager.
- Pursuant to Parts 5.4C(4) and 39.2(4) of the CPR 1998:
(i) The identity of the Claimant must not be disclosed, and the Claimant shall be
referred to as ‘CM’ and the Litigation Friend as ‘GJ’;
(ii) A non-party may not obtain a copy of the Statement of Case under CPR Part
5.4C(1). As the Court is satisfied that such an Order is necessary to protect the
interests of the Claimant and his family and there is no countervailing public
interest in disclosure.
(iii) Reporting restrictions apply as to the disclosing of any information
that may lead to the subsequent identification of the parties.
- The Defendant do pay the Claimant’s reasonable costs of the claim in
Liability up to the date of Judgement, to be assessed on the standard basis
forthwith in default of agreement.
- The Defendant has already made a payment on account of costs in establishing liability,
to the Claimant’s solicitors in the sum of £25,000.
- The costs of issuing the claim and of this Application shall form part of the costs of
establishing liability to be assessed in accordance with paragraph 7 of this Order.
- Thereafter the case be stayed until 2 January 2024.