JKL -v- Stefan Gerboc (anonymity order)
Claim No: QB-2019-003665
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 14/12/2021
Before:
Master McCloud
Between:
JKL
-v-
Stefan Gerboc
ORDER
UPON HEARING Counsel for the Claimant and Counsel for the Defendant
WHEREAS the Claimant has made a claim (“the Claim”) against the Defendant for
personal injuries suffered by him arising out of the incident on 25 November 2016
and in respect of which proceedings were commenced by the Claimant against the
Defendant
AND WHEREAS the Claimant is a protected beneficiary, pursuant to CPR 21.1(2)(e),
and the Court is satisfied that an Order in the terms below is necessary to protect the
interests of the Claimant
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 “JKL”.
3. 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.
4. 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”.
5. 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.
6. Reporting restrictions apply as to the disclosing of any information that may
lead to the subsequent identification of the Claimant.
7. 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 their reinsurers, to
potential annuity providers or their legal and professional advisors including
medical examiners or the Compensation Recovery Unit or any person required
by law.
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.
AND UPON the Claimant and the Defendant having agreed in full and final
settlement of the Claim the terms set out forth herein
IT IS ORDERED BY CONSENT that:
Lump Sum Damages
1. The Defendant shall pay to the Claimant the lump sum by way of damages of
£2,850,000 (two million eight hundred and fifty thousand pounds) to be satisfied
as follows:
a. By the interim payments in the total sum of £265,000 (two hundred and
sixty thousand pounds) already paid to the Claimant;
b. By repayment of the appropriate sum payable to the Compensation
Recovery Unit in respect of the liability of the Defendant under the
Social Security (Recovery of Benefits) Act 1997, this sum being
recorded as nil;
c. By the payment of the balance of £2,585,000 (two million five hundred
and eighty-five thousand pounds) to be discharged as follows:
i. A sum of £50,000 (fifty thousand pounds) to the Claimant’s
Solicitors by 4pm on 15 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, the said sum to be
transferred to the Claimant’s Personal Injury Trust account
forthwith;
ii. A sum of £30,000 (thirty thousand pounds) to the Claimant’s
Solicitors by 4pm on 11 January 2022 to be held in Irwin
Mitchell’s client account on behalf of the Claimant and applied
exclusively for his benefit pending the appointment of a
Financial Deputy for the Claimant;
iii. A sum of £175,000 (one hundred and seventy five thousand
pounds) to the Claimant’s Solicitors by 4pm on 11 January 2022
to be retained by the Claimant’s Solicitors in their client account,
pending the appointment of a Financial Deputy for the Claimant,
unless such Deputy shall by that date have been appointed, in
which case the sum shall be retained by the Financial Deputy
pending resolution of the detailed assessment of the legal costs
payable by the Defendant and the Claimant to the Claimant
Solicitors under paragraphs 2 and 3 of this Order;
iv. A sum of £17,500 to the Claimant’s solicitors by 4pm on 11
January 2022 in respect of past gratuitous care, to be paid by
them to the providers of that care.
v. The balance of £2,312,500 (two million three hundred and
twelve thousand, five hundred pounds) to be paid into Court
Funds Office by 4pm on 11 January 2022 pending the
appointment of a Financial Deputy for the Claimant, unless such
Deputy shall by that date have been appointed, in which case
the sum shall be paid as directed by the Financial Deputy;
vi. Upon appointment of a Financial Deputy for the Claimant, any
balance remaining from the sum paid under (ii) above plus
interest accrued shall be paid into the Claimant’s Deputyship
account;
vii. Upon appointment of a Financial Deputy for the Claimant, the
aforementioned balance in (v) above (unless already paid at the
direction of the Deputy) plus accrued interest shall be paid from
the Court Funds Office to the Claimant’s Financial Deputy to be
paid into the Claimant’s Deputyship account forthwith and
without the need for further Order.
Costs
2. The Defendant do pay the Claimant’s costs on the standard basis to be
the subject of detailed assessment if not agreed and/or paid within 14 days of
assessment/agreement
3. Unless the Claimant’s solicitors waive their entitlement to be paid by the
Claimant such shortfall in the costs recovered inter parties as they may be
otherwise entitled to under the terms of their retainer, there shall be a detailed
assessment hearing to determine what costs, to include success fee,
shortfall and ATE Premium, shall be payable by the Claimant to his
solicitors; such costs shall be assessed on the indemnity basis pursuant
to CPR 46.9 and shall take place following the conclusion of the assessment
or agreement of the inter party costs
4. The Defendant shall pay to the Claimant’s Solicitors by 4pm on 11 January
2022 the sum of £250,000 (two hundred and fifty thousand pounds) on account
of costs.
5. Permission to the Claimant and Defendant to restore with regard to
implementation of the terms of this Order.
Trial
6. The assessment of damages hearing listed to start in a window commencing
December 2021 is vacated.