Claim No: QB-2020-000036
In the High Court of Justice
Queen’s Bench Division
3 December 2021
Deputy Master Toogood
(A Protected Party suing by his Litigation Friend, RSV)
UPON HEARING Counsel for the Claimant and Counsel for the Defendant
AND WHEREAS the Claimant has made a claim (“the Claim”) against the Defendant for personal injuries suffered by him arising out of the incident on 2 June 2019 and in respect of which proceedings were commenced by the Claimant against the Defendant
AND WHEREAS the Claimant currently proceeds as a protected party within the meaning of the CPR 21(1) and brings the Claim by his Litigation Friend RSV
AND UPON the Claimant and the Defendant having agreed in full and final settlement of the Claim the terms set out forth herein
AND UPON the Court having read the Advice of Mr Robert Hunter Counsel for the Claimant dated 17.11.2021
AND UPON THE COURT approving the settlement negotiated between the parties in full and final settlement of the Claimant’s claim arising out of a road traffic accident on 2 June 2019 (“the accident”) and recorded herein pursuant to CPR 21.10
AND WHEREAS pursuant to CPR Part 39.2(4) the Court is satisfied that an Order in the terms below is necessary to protect the interest of the Claimant and there is no countervailing public interest in disclosure.
AND UPON the Claimant’s Litigation Friend through her solicitor having undertaken to the Court that she will not institute any further proceedings against the Defendant in connection with the Claimant’s cause of action herein save by way of enforcement of this Order
IT IS HEREBY ORDERED PURSUANT to Section 11 of the Contempt of Court Act 1981, Article 8 of Schedule 1 to the Human Rights Act 1998 and CPR Part 5.4D and Part 39.2 that:-
1. There shall be no publication or other disclosure of any name, address, image or other information tending to identify the Claimant in this action.
2. There be substituted for all purposes of this case, in place of reference to the Claimant by name, whether orally or in writing, references to the letters “EFX”.
3. There be substituted for all purposes of this case, in place of reference to the Litigation Friend by name, and whether orally or in writing, reference to the letters “RSV”.
4. To the extent necessary to protect the Claimant’s identity, any other reference, whether to persons or places or otherwise, to be adjusted appropriately, with permission to the Claimant to apply in default or agreement as to the manner of such adjustments.
5. So far as the Claim Form, or any Judgement or Order, or any other document to which anyone might have access pursuant to CPR 5.4A-D at any time does not comply with the above, the Claimant’s solicitor has leave to file with the Court copies of such document adjusted so as to comply therein. Such copies are to be treated for all purposes as being in substitution for the relevant originals; and the originals are then to be retained by the Court in a sealed envelope marked: “Not to be opened without permission of a Judge or Master of the Queen’s Bench Division”.
6. A non-party may not without permission of a Master obtain any copy statement of case or other document from the Court file unless it has been edited (anonymised) in accordance with this direction.
7. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant.
8. The Claimant has permission to amend the Claim Form giving the address of his solicitors in place of his residential address. A letter with the Claimant’s full name and address is to be placed on the file in a sealed envelope marked “Not to be opened without the permission of a Judge or Master of the Queen’s Bench Division”.
9. Any non-party affected by this order may apply on notice to set aside or vary this Order.
10. Save that, in so far as this part of the Order applies to the Defendant it does not prohibit disclosure by the Defendant of the Claimant’s name and address or any other information tending to identify the Claimant to the Compensation Recovery Unit or any person required by law.
BY CONSENT IT IS ORDERED that:-
11. The Defendant pay a lump sum by way of damages to the Claimant of £330,000 (three hundred and thirty thousand pounds) to be satisfied as follows:
a. By the interim payments in the total sum of £85,000 (eighty five thousand pounds) already paid by the Defendant to the Claimant;
b. By the payment of the sum of £42,191.55 (forty two thousand one hundred and ninety one pounds and fifty five pence) to the Compensation Recovery Unit in respect of the liability of the Defendant under the Social Security (Recovery of Benefits) Act 1997;
c. By the payment of the balance of £202,808.45 (two hundred and two thousand eight hundred and eight pounds and forty five pence) to the Claimant’s Solicitors by 4pm on 17 December 2021, in default of which interest shall be payable at the judgment rate for the period up to and including the date of receipt of payment.
12. Pursuant to CPR Part 46.4(2)(b) the Claimant’s costs of and associated with the claim shall be paid by the Defendant on the standard basis; such costs are to be the subject of detailed assessment if not agreed and paid within 14 days of assessment / agreement.
13. The Defendant shall pay the sum of £175,000 on account of costs to the Claimant’s Solicitors by 4pm on 17 December 2021.
14. Unless the Claimant’s solicitors waive their entitlement to be paid by the Claimant such shortfall in the costs recovered inter partes as they may otherwise be entitled to under the terms of their retainer, there be a detailed assessment of the Solicitor/ Client costs incurred on behalf of the Claimant and of the amount which it is reasonable for the Claimant’s solicitors to recover from the Claimant in all the circumstances such costs to be assessed on the basis provided for in the CPR 46.4 and CPR 46.9.
15. There shall be permission for the Claimant’s Solicitors to retain the sum of £97,000 from the Claimant’s approved damages on their client account pending resolution of the detailed assessment of the costs payable by the Claimant to the Claimant’s Solicitors. On conclusion of the assessment, any
balance from the retained sum is to be paid to the Claimant.
16. Upon payment of the sums ordered in paragraphs 11 and 12 above, the Defendant be discharged from any further liability to the Claimant arising from the accident.
17. All further proceedings in this action be stayed except for the purpose of implementing the terms of this Order for which purpose the Claimant and the Defendant shall have permission to apply to the Court.
18. Permission to the Claimant and the Defendant to restore with regard to implementation of the terms of this Order only.