MWB v- The Royal Free London NHS Foundation Trust (anonymity order published under CPR 39.2(5)
Claim No: QB-2017-003381
(migrated from HQ17C02380)
In the High Court of Justice
Queen’s Bench Division
2 December 2019
The Hon. Mrs Justice Lambert
MWB (by his mother and litigation friend AXB)
The Royal Free London NHS Foundation Trust
BEFORE the Honourable Mrs Justice Lambert sitting as a Judge at the Royal Courts of Justice on 2 December 2019
AND UPON hearing Mr Henry Witcomb one of Her Majesty’s Counsel on behalf of the Claimant and Mr Alex Hutton one of Her Majesty’s Counsel 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 negligence on or about 22 July 2014 in respect of which proceedings were commenced by the Claimants against the Defendant in the High Court of Justice Queen’s Bench Division on 6 July 2017
AND WHEREAS the Claimant is a child and brings the claim by his Mother and Litigation Friend AXB
AND UPON reading the Advice from Counsel for the Claimant dated November 2019
AND UPON the Court being satisfied that the form of order is that which best meets the Claimant’s needs and that CPR 21 has been complied with
AND UPON the Claimant undertaking to the Court (by his Litigation Friend) to make an application for the appointment of a Deputy as soon as reasonably practicable
IT IS HEREBY ORDERED that:
1. There be judgment for the Claimant for 60% of the damages which are to be assessed on a 100% basis, before a Judge of the Queen’s Bench Division.
2. By 30 December 2019 the Defendants will pay the sum of £26,850.85 in respect of the liability to the Compensation Recovery Unit.
3. By 30 December 2019 having given credit for the sum of £26.850.85 in respect of the liability to the Compensation Recovery Unit as in paragraph 2 above the Defendant shall pay the sum of £73,149.15 in respect of an interim payment for the Claimant’s immediate needs to be paid to the Claimant’s Solicitors (Fieldfisher LLP Client account, Lloyds Bank pie, Leadenhall Street, Account Number: 0091951 0; Sort Code: 30 92 23) without further order.
4. The Defendant do pay the Claimant’s costs on liability forthwith, such costs to be subject to a detailed assessment if not agreed and that on account of those costs pursuant to CPR 44.7, the Defendant do pay the sum of £150,000 (one hundred and fifty thousand pounds) by 4.00pm on 30 December 2019.
5. The matter to be fixed for a Case Management Conference before Master Yoxall on the first open date after 3 February 2020.
6. AND IT IS FURTHER ORDERED that there be permission to restore.
Dated this 2nd day of December 2019