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MFC -v- Western Sussex Hospital NHS Foundation Trust (anonymity order published under CPR 39.2(5)

Case No: HQ17CO0470

In the High Court of Justice
Queen’s Bench Division

17 May 2019

Before:

Mrs Justice Lambert

Between:

MFC

-v-

Western Sussex Hospital NHS Foundation Trust

 


CLAIMANT’S ORDER

BEFORE Mrs Justice Lambert in the Royal Courts of Justice, Strand, London on 17 May 2019

UPON HEARING Mr Glancy one of Her Majesty’s Counsel, on behalf of the Claimant, and Ms Jones, 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 alleged negligence in February 2014 in respect of which proceedings were commenced by the Claimant against the Defendant in the High Court of Justice Queen’s Bench Division on 9 February 2017

AND WHEREAS the Claimant is a Protected Party and brings the Claim by his brother and Litigation Friend, MXM

AND UPON READING the Advice from Counsel for the Claimant dated 14th May 2019.

AND UPON the Court being satisfied that the form of the Order is that which best meets the Claimant’s needs and CPR 21 has been complied with

AND UPON the Claimant having given the following undertakings to the Court:

1. An application to the Court of Protection to appoint a Deputy will be made as soon as reasonably practicable.

2. The Claimant whether acting by his Litigation Friend or his Deputy will take all necessary steps to seek to stay the Claim against the Defendant and any proceedings which have begun or have been threatened against the Defendant in connection with the Claim.

3. 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 Claimant and Defendant having agreed in full and final settlement of the Claim that the Defendant shall pay to the Claimant the sum of £1,200,000 (one million two hundred thousand pounds) inclusive of CRU of £57,040.98 (fifty seven thousand forty pounds and ninety eight pence) and interest to 28 days after the date of the Order approving the agreement.

AND UPON the Claimant and Defendant having agreed that the Claimant’s costs associated with the approval hearing as falling outside of the approved budget, be paid by the Defendant, to be assessed on the standard basis it not agreed.

AND UPON the Court having approved the terms of this Order,

BY CONSENT IT IS HEREBY ORDERED that:

  1. The Claimant has permission to substitute MXM (brother and Litigation Friend of MFC) as Claimant in the proceedings in place of MFC. Service of Amended Claim Form and Amended Statements of Case to be dispensed with.
  2. The Defendant shall make payment to or for the benefit of the Claimant as follows in full and final settlement of the claim
    a) By the 14th of June 2019, the Defendant shall pay (having taken into account any CRU and interest to that date) the sum of £1,142,959.02 (one million one hundred and forty two thousand nine hundred and fifty nine pounds and two pence) into the Claimant’s solicitors cllent account (an interest bearing account), which sum shall upon the appointment of a Deputy be transferred immediately to the Court of Protection there to be dealt with as a fund of a protected beneficiary and as that Court in its discretion shall think fit.
    b) The Defendant shall pay to the Department of Work and Pensions the CRU benefits amounting to £57,040.98 (fifty seven thousand forty pounds and ninety eight pence).
  3. The sum of £15,000.00 from the payment in paragraph 2(a) to be released forthwith to the Irwin Mitchell Trust Corporation to be used for the purchase by a Responsible Officer of the Irwin Mitchell Trust Corporation of necessary items of equipment for the immediate use and benefit of the Claimant, pending appointment of the Deputy and to be accounted for in due course by the Irwin Mitchell Trust Corporation to the Court of Protection.
  4. The Defendant do pay the Claimant’s costs of this action on the standard basis such costs to be subject of a detailed assessment, if not agreed, and that on account of those costs pursuant to CPR 44.2(8) the Defendant do pay the sum of £175,000 (one hundred and seventy five thousand pounds) by 4pm on 14th June 2019 to the Claimant’s solicitors.
  5. There shall be a detailed assessment of the costs payable by the Claimant to his solicitors on the indemnity basis; in the event that the Claimant’s solicitors waive their entitlement to costs and disbursements in addition to those which are recovered from the Defendant, the requirement for a detailed assessment under this Order shall be dispensed with.
  6. All further proceedings in this action be stayed except for the purpose of implementing the terms of this Order, for which purpose there be permission to apply to the Claimant and the Defendant.
  7. There be permission to restore.

DATED this 17th day of May 2019

 

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