Claim No QB-2019-000120
In the High Court of Justice
Queen’s Bench Division
30 July 2020
MS (A Child Proceeding by her Litigation Friend MXS)
Croydon Health Service NHS Trust
BEFORE the Honourable Mr Justice Goose hearing the Application, conducted remotely pursuant to CPR PD23A and CPR PD51Y (“the Hearing”) on 30th July 2020;
UPON the Hearing being recorded by the Court, and the Court confirming that a copy of such recording shall be publicly available upon request;
AND UPON the Claimant’s Applications dated 28 May 2020 and 30 June 2020
AND UPON HEARING Ms Lizanne Gumbel QC, Leading Counsel for the Claimant, and Mr Jeremy Hyam QC, Leading Counsel for the Defendant
IT IS ORDERED that:-
1.The Claimant be granted relief from sanctions for non-compliance with paragraph 6 of the Directions Order made by Master Thornett on 7 May 2019.
2.The Claimant and the Defendant have permission to serve supplementary evidence from the following experts:
a) Occupational Therapy (in relation to assistive technology costs only);
b) Court of Protection expert (in relation to costs of educational tribunals only);
The Claimant to serve supplementary evidence as set out above by 4.00pm on 27 August 2020 and the Defendant by 4.00pm on 20 November 2020.
3. In respect of quantum the parties do have permission to rely on evidence from experts in the fields of Speech and Language Therapy. Permission being given to call the said experts on matters remaining in issue at trial. It is noted that the Claimant has already served a report of a SALT expert on 5 February 2020. The Defendant to serve SALT evidence by 4.00pm on 20 November 2020.
4.The Defendant has permission to serve an updated Counter-Schedule by 4pm on 20 November 2020.
5.Expert joint meetings for the SALT experts are to take place by 4pm on 27 November 2020 (such meetings to be arranged in advance by the parties’ solicitors, in anticipation of service of the Defendant’s expert evidence by 20 November 2020 as set out above). The experts will prepare for the court and sign a statement of the issues on which they agree and on which they disagree with a summary of their reasons in accordance with Rule 35.12 CPR, and each statement must be sent to the parties to be received by 4.00pm no later than 7 days after the discussion.
6.The parties shall by 31 December 2021 consider whether the case is capable of resolution by ADR.
7.The Defendant’s costs of and incidental to the Applications (and including the hearing before Master Thornett on 14 July 2020), to be paid by the Claimant, such costs having been summarily assessed by the court at £5163 (five thousand, one hundred and sixty three pounds). These costs are to be set off against costs and/or damages which the Claimant recovers in the proceedings.