ILP -v- Humber Teaching NHS Foundation Trust (anonymity order)
CLAIM NO: KB-2022-003464
IN THE HIGH COURT OF JUSTICE
KING’S BENCH DIVISION
20 January 2026
BEFORE:
MASTER FONTAINE (sitting in retirement)
BETWEEN:
ILP (BY HER MOTHER AND LITIGATION FRIEND TXE)
-v-
HUMBER TEACHING NHS FOUNDATION TRUST (formerly Humber NHS Foundation Trust)
Order
UPON the APPLICATIONS of the CLAIMANT AND DEFENDANT
IT IS ORDERED THAT:-
1. The Defendant be granted relief from any sanction under CPR 3.9 for omitting to file an application objecting to the Claimant’s Civil Evidence Act Notices and seeking permission to cross examine witnesses within 14 days.
2. The Defendant is not granted permission to cross-examine Ms Lindsay Rowlands, Ms Kathleen Carmichael, Ms Katie Fewlass and Ms Trudy Pepper who are released from any continued obligation to attend trial arising under witness summons.
3. The Claimant has the permission of the Court to rely upon the witness statement of Ms Joanne Blakeley dated 16 July 2025.
4. The Defendant be granted permission to cross-examine the witness Ms Joanne Blakeley.
5. The Claimant’s Solicitors do serve a witness summons on Ms Joanne Blakeley by 4pm on 27 January 2026.
6. The Claimant does not have permission to rely upon the report of Mr David Southall, Assistive Technology expert dated May 2025, previously disclosed on a without prejudice basis to the Defendant on 21 August 2025.
7. The Claimant has permission to substitute the Claimant’s (original) Care Needs expert Ms Christine Twigg for Ms Karen Gibson and to rely on Ms Gibson’s report of 9 December 2025. For the avoidance of doubt, the Claimant no longer seeks to rely upon the evidence of Ms Twigg. Ms Twigg to be released from any continued obligation to attend trial arising under witness summons.
8. The Claimant has permission to rely upon the correspondence of Dr Ruth Kent, Claimant Neurorehabilitation expert dated 23 October 2025, previously disclosed to Defendant Solicitors on a without prejudice basis on 11 December 2025 and later served on Defendant Solicitors in open correspondence on 16 December 2025.
9. The Defendant has permission to put further questions to Dr Ruth Kent, the Defendant having already put questions to Dr Kent under cover of correspondence dated 7 January 2026; Dr Kent to provide replies to those questions to both parties’ solicitors by 21 January 2026.
10. The Claimant has permission to rely upon the Claimant’s updated Schedule of Loss, previously disclosed unsigned on a without prejudice basis to the Defendant on 10 December 2025 and served signed on 19 December 2025.
11. The Claimant has permission to rely upon the Claimant’s further updated Schedule of Loss to be served upon the Defendant by 23 January 2026 to take into account addends provided for by the Claimant’s Care Expert Ms Gibson in her report of 9 December 2025, amends to the calculation of Past Gratuitous Care arising from the substitution of the Claimant Care Expert, accrued Case Manager fees for December 2025 and addends arising from the like for like expert position statement of the Claimant and Defendant Management of Award experts, together with any addends arising from the response of Dr Kent to the Defendant’s P35 questions.
12. The Defendant has permission to serve to serve an updated Counter Schedule in response to the Claimant’s updated Schedules of Loss by 4pm on 13 February 2026.
13. The time for without prejudice discussions between experts of like discipline (Condition and Prognosis and Quantum) and thereafter joint statements to be sent to the parties to be extended to 4pm on 31 January 2026.
14. The time for acceptance of a CPR Part 36 offer made by the Defendant be abridged, pursuant to CPR 36.17 (7) (c) from 21 days to 10 days, so that the last date on which a CPR Part 36 offer protective of the costs of Trial can be made is 4pm on 13 February 2026.
15. The costs of the applications by both parties to be costs in the case, save that the Claimant to pay the costs of attending the hearing, summarily assessed in the sum of £5,460.80, such order not to be enforced without the permission of the Court.