HX -v- South Tyneside and Sunderland NHS Foundation Trust (anonymity order)
Claim number: QB-2021-NCL-000044
In the High Court of Justice
King’s Bench Division
Newcastle upon Tyne District Registry
25 October 2024
Before:
His Honour Judge Freedman sitting as a Judge of the High Court
Between:
HX (A Protected Party Acting by His Mother and Litigation Friend AX)
-v-
South Tyneside and Sunderland NHS Foundation Trust
Order
UPON hearing Elizabeth-Anne Gumbel, one of His Majesty’s Counsel on behalf of the Claimant and Simon Read head, one of His Majesty’s Counsel on behalf of the Defendant
WHEREAS the Claimant (HX) has made a claim (“the claim”) against the Defendant for personal injury suffered by him arising out of the Defendant’s alleged negligence on 3 December 2003
AND WHEREAS the Claimant is a protected party and brings the claim by his mother and Litigation Friend (AX)
AND UPON reading the advice of Counsel for the Claimant dated 4 September 2024
AND UPON the parties having agreed to compromise these proceedings on the terms set out below
AND UPON the Claimant’s Litigation Friend having undertaken to the Court to make application to the Court of Protection for the appointment of a Deputy for the Claimant
AND UPON the Court approving the terms of the said compromise pursuant to CPR Part 21.10 and CPR Part 41
BY CONSENT AND WITH THE APPROVAL OF THE COURT IT IS HEREBY ORDERED THAT:
1. The Defendant shall, within 28 days of the date of this Order, pay the sum of:
(a) £900,000.00 (nine hundred thousand pounds), to the Court Fund Office which shall be deposited into the Court Special Account which shall be held to the order of the Claimant’s Deputy when appointed; and
(b) £100,000.00 (one hundred thousand pounds) to the Claimant’s solicitors (Burnetts Client Account Sort Code 82-70-24 Account Number 30251357) which the Claimant’s solicitors shall be entitled to pay to AX in respect of damages for the provision of past care;
Which sums shall include interest thereon to the said date and be subject to a first charge under section 16(6) of the Legal Aid Act 1988.
2. The Defendant shall pay the Claimant’s reasonable costs of the action on a standard basis (to include the costs of and incidental to the approval hearing), such costs to be the subject of a detailed assessment if not agreed and to be paid within 28 days of such detailed assessment or agreement.
3. The Defendant shall, within 28 days of the date of this Order, pay the Claimant’s solicitors the sum of £150,000.00 (one hundred and fifty thousand pounds) on account of such costs pursuant to CPR44.2{8).
4. Upon payment of said sum under paragraph 1 above together with costs under paragraph 2 above, the Defendant shall be discharged from any further liability.
5. All further proceedings be stayed except that either party has permission to apply to the court for the purposes of carrying this Order into effect.