HXS -v- The Secretary of State for Health and Social Care (anonymity)
Claim No.: QB-2020-003784
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
18 December 2020
Before:
Master Cook
Between:
Anonymised Party HXS (A Child Proceeding by Her Father and Litigation Friend) AXS
– v –
The Secretary of State for Health and Social Care
BEFORE Master Cook sitting in the Royal Courts of Justice, Queen’s Bench Division, Strand, London, WC2A 2LL on the 18th day of December 2020 at 12.00pm.
UPON considering the Advice of counsel for the Claimant dated 14th October 2020
AND UPON hearing counsel for the Claimant and counsel for the Defendant
AND UPON the parties having settled the Claimant’s claim for the net sum of £300,000 (three hundred thousand pounds) plus costs, subject to the approval of the Court.
AND UPON the Court approving the aforesaid terms of settlement.
AND UPON the Court being satisfied that to protect the interests of the Claimant and there being no countervailing public interest in disclosure IT IS HEREBY ORDERED that:
1. The Claimant and her Litigation Friend shall hereinafter be referred to in these proceedings as “HXS” and “AXS” respectively.
2. Pursuant to CPR Rule 39.2(4) there shall not be disclosed in any report of these proceedings the name or address of the Claimant or her Litigation Friend, or any details leading to the identification of the Claimant or her Litigation Friend; and if referred to shall only be referred to as “HXS” and “AXS” respectively.
3. Pursuant to CPR Rule 5.4C a person who is not a party to the proceedings may obtain a copy of a Statement of Case, Judgement or Order from the Court records, only if the Statement of Case, Judgement or Order has been anonymised such that (a) the Claimant and her Litigation Friend are referred to in those documents only as “HXS” and “AXS” and (b) the address of the Claimant and her Litigation Friend has been deleted from those documents.
IT IS FURTHER ORDERED THAT:
1. The Claimant may accept the net sum of £300,000 (three hundred thousand pounds) in full and final satisfaction of her claim for damages against the Defendant. There are no recoverable benefits to be repaid to the Department of Work and Pensions. A copy of a nil CRU certificate dated 11th November 2020, which is valid until 9th November 2021 is annexed to this Order.
2. The Defendant shall pay the net sum of £300,000 (three hundred thousand pounds) referred to in paragraph 1 above of this Order as follows:
a. The Defendant shall pay the net sum of £300,000 (three hundred thousand pounds) into the Court Funds Office to the credit of the Claimant within 28 days of the date of the Approval Hearing.
3. The sum referred to in paragraph 2 (a) above of this Order, shall upon receipt by the Court Funds Office then be subsequently held by the Court to the credit of the Claimant as follows :
a. 30 % (thirty percent) of the sum shall be held to the credit of the Claimant in the Court Special Account; and
b. 70% (seventy percent) of the sum shall be held to the benefit of the Claimant in the Court Equity Index Tracker Fund.
4. Thereafter and upon the Claimant attaining her majority the sums referred to in paragraphs 3 (a) and 3(b) above of this Order shall to be paid to the Claimant as she may request.
5. The Defendant shall pay the Claimant’s costs and disbursements of this action including the costs of any recoverable ATE premium on the Standard Basis, with such costs and disbursements to be the subject of Detailed Assessment if not agreed, and with such costs and disbursements to be paid to the Claimant’s Solicitors within 28 days of the date of any such agreement or Detailed Assessment.
6. The Defendant shall make an interim payment in the sum of £125,000 (one hundred and twenty five thousand pounds) generally on account of the Claimant’s costs and disbursements and as referred to in paragraph 5 above of this Order within 28 days of the date of the Approval Hearing.
7. Upon payment of the sums, costs and disbursements referred to above, the Defendant shall be discharged from any further liability in respect of the Claimant’s claim proceeding under Claim Number QB-2020-003784
8. All further proceedings are stayed except that either party has permission to apply to the Court for the purpose of carrying this Order into effect.