EGH -v- East Lancashire Hospitals NHS Trust (anonymity order)
Claim Number: F90MA361
In the High Court of Justice
King’s Bench Division
Manchester District Registry
Before:
His Honour Judge Sephton
Between:
EGH (A child proceeding by his Mother and Litigation Friend LMH)
-v-
East Lancashire Hospitals NHS Trust
Order
Before His Honour Judge Sephton sitting at the Manchester Civil Justice Centre as a Judge of the High Court on 19 July 2024
UPON HEARING Andrew Post one of His Majesty’s Counsel, on behalf of the Claimant and Margaret Bowron one of His Majesty’s Counsel, on behalf of the Defendant
WHEREAS the Claimant has made a claim (the “Claim”) against the Defendant for personal injuries suffered by him arising out of the Defendant’s negligence on or about the 17.07.2009 and in respect of which proceedings were commenced by the Claimant against the Defendant in the High Court of Justice Queen’s Bench Division on 27.11.2019
AND WHEREAS the Claimant is a Child and brings the Claim by his Mother and Litigation Friend, LMH
AND WHEREAS the National Health Service Litigation Authority (“NHS LA”) shall be responsible for and make the payments set out in the Schedule to this Order and for the benefit of the Claimant (referred to below as “periodical payments”)
AND WHEREAS the NHS LA has entered into an agreement with the Defendant which permits the NHS LA to be responsible for and make the periodical payments under this Order
AND WHEREAS the NHS LA is a Special Health Authority within the meaning of section 70 of the National Health Service Act 2006
AND WHEREAS the Defendant and the NHS LA agree with the Claimant that in the event of any failure to make the periodical payments or any alteration in the method or change in the identity of the source of payment the same shall give rise to a direct right of the Claimant to enforce the Order and all rights arising under it against the NHS LA in consideration of the Claimant agreeing to the terms of this Order
AND UPON READING the Advice from Counsel for the Claimant dated 2nd July 2024 and the report of Richard Cropper Independent Financial Advisor dated 8th July 2024.
AND UPON the Court being satisfied that:
a) The continuity of payment under the Order is reasonably secure pursuant to section 2(3) of the Damages Act 1996 and/or pursuant to section 2(4)(c) of the Damages Act 1996 and under the terms of the Order as herein set out
b) The periodical payments are to be paid free of taxation under section 731-734 of the Income Tax (Trading and Other Income) Act 2005
c) The Order set out below is agreed by the Claimant and the Defendant as being the preferred Order that should apply
d) The form of the Order is that which best meets the Claimant’s needs and CPR 21 and 41 have been complied with
AND WHEREAS a Deputy (Anna Elizabeth Bond, Fieldfisher) has been appointed for the Claimant
AND UPON the Claimant having given the following undertakings to the Court
- The Claimant, his Litigation Friend and/or his Deputy will not institute any proceedings against the Defendant or any other party or person whomsoever in connection with the Claim save by way of enforcement of this Order
AND UPON the parties having agreed in full and final settlement of the claim that the Defendant shall pay to the Claimant the sum of £9,350,000 (nine million, three hundred and fifty thousand pounds) inclusive of interim payments of £1,285,000 (one million two hundred and eight five thousand pounds) and CRU of £19,753.45 (nineteen thousand seven hundred and fifty three pounds and forty five pence) and interest to 28 days after the date of the Order approving the agreement together with the periodical payments contained in the Schedule annexed to this Order
AND UPON the Court having approved the terms of this Order and the Schedule annexed to this Order
BY CONSENT
1) IT IS ORDERED that the Defendant shall make payments to or for the benefit of the Claimant as follows in full and final settlement of the claim
(a) By 4pm on 16 of August 2024 the Defendant shall pay (having taken into account any interim payments and/or CRU and/or interest to that date) the sum of £7,858,021.55 (seven million, eight hundred and fifty eight thousand and twenty one pounds and fifty five pence) into the Account of the Deputy (details of which have been supplied to the defendant) subject to a first charge pursuant to Section 25 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 or as subject to any transitional and saving provisions as applicable to Section 16(6) of the Legal Aid Act 1988 or Section 10(7) of the Access to Justice Act 1999, which sum shall be there to be dealt with as a fund of a protected beneficiary and as the Deputy in his/her discretion shall think fit.
(b) It is noted that the Defendant has paid to the Department of Work and Pensions the CRU benefits amounting to £19,753.45 (nineteen thousand seven hundred and fifty three pounds and forty five pence).
(c) By 4pm on the 16 of August 2024 the Defendant shall pay to the Claimant’s solicitors the sum of £187,225.00 (one hundred and eighty seven thousand, two hundred and twenty five pounds) which sum shall include interest thereon to 28 days after the date of this order in respect of damages to be held on trust for the Claimant’s parents in respect of gratuitous past care.
(d) Further, the sums as specified in the attached Schedule be paid by the Defendant as stipulated in the Schedule and be funded in accordance with section 2 (4) (c) of the Damages Act 1996 with the sums payable to comprise damages for future care and case management, such that the NHS LA shall be responsible to the Claimant for and make such payments to the Claimant.
2. AND IT IS FURTHER ORDERED that the Defendant do pay the Claimant’s costs on the standard basis such costs to be the subject of a detailed assessment, if not agreed and that the Defendant shall make an interim payment of £150,000 (one hundred and fifty thousand pounds) on account of the Claimant’s costs (in respect of costs and disbursements incurred by his present Solicitors Fieldfisher) by 4pm 16 August 2024.
3. AND IT IS FURTHER ORDERED that there be permission to have a detailed assessment of the Claimant’s costs in accordance with the Civil Legal Aid (Costs) Regulations 2013 or as subject to any transitional and saving provisions as applicable with Regulation 107 of the Civil Legal Aid (General) Regulations 1989 as amended, Article 5 of the Access to Justice Act 1999 (Commencement No.3) Order 2000, Article 4 of the Community Legal Service (Funding) Order 2000 and the Civil Legal Aid (General) (Amendment) Regulations 2000 as amended, save that in the event that the Claimant’s solicitors waive any claim to any further costs beyond those referred to above, they have permission to dispense with any Legal Aid Assessment.
4. AND IT IS FURTHER ORDERED that all further proceedings in this action be stayed except for the purpose of implementing the terms of this Order and the terms set out in the attached Schedule, for which purpose there be permission to apply to the Claimant, the Defendant and to the NHS LA, and if necessary to add the NHS LA as a party to enforce the terms of this Order.
5. AND IT IS FURTHER ORDERED that there be permission to restore.