NS -v- One Holding LTD T/A Visco Therapy (anonymity)
CLAIM NO: QB-2019-001666
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
16 September 2020
DEPUTY MASTER BAGOT QC
NS (A Protected Party by his Litigation Friend and Brother SS)
One Holding LTD T/A Visco Therapy
BEFORE Deputy Master Bagot QC conducting this hearing on 8 September 2020 remotely by MS
Teams in accordance with CPR PD 51Y
AND UPON reading the Claimant’s Application dated 26 May 2020
AND UPON hearing Mr Stevenson, Counsel for the Claimant and Ms Lambertson, Counsel for the Defendant
AND WHEREAS the Claimant is considered to be a protected party and beneficiary within the meaning of CPR 21(1) and brings the Claim by his Litigation Friend SS
AND UPON the Claimant and the Defendant having agreed in full and final settlement of the Claim the terms set out below
AND UPON the Court having read the Advice of Mr Christopher Stephenson Counsel for the Claimant dated 12 June 2020
AND UPON THE COURT approving the terms of settlement negotiated between the parties in full and final settlement of the Claimant’s claim arising out of an accident at work on 24 May 2016 (“the accident”) and recorded herein pursuant to CPR 21.10
AND WHEREAS pursuant to CPR Part 39.2(4) the Court is satisfied that an anonymity Order in the terms below is necessary to protect the interests of the Claimant and there is no countervailing public interest in disclosure
AND UPON a copy of this Order being published on the website of the Judiciary of England and Wales pursuant to the Master of the Rolls’ Practice Guidance: Publication of Privacy and Anonymity Orders, dated 16 April 2019
AND UPON the Claimant’s Litigation Friend through his solicitor having undertaken to the Court that he will not institute any further proceedings against the Defendant in connection with the Claimant’s cause of action herein save by way of enforcement of this Order
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 “NS”.
3. There be substituted for all purposes of this case the following:
(a) In place of reference to the Litigation Friend by name, and whether orally or in writing, reference to the letters “SS”.
4. 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.
5. 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”.
6. A non-party may not without permission of a Master or Judge obtain any copy statement of case or other document from the Court file unless it has been edited (anonymised) in accordance with this direction.
7. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant.
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.
10. 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.
AND BY CONSENT IT IS ORDERED that:
11. The Order dated 6 May 2020 staying the claim be set aside upon neither party receiving any Notice of proposed Allocation.
12. The Claimant may accept the sum of £131,250.00 (gross) less payments due to the Compensation Recovery Unit pursuant to s1 of the Social Security (Recovery of Benefits) Act1997 being the sum of £58,206.24 as set out in the CRU certificate dated 3 September 2020, plus his costs of the action (to be assessed on the standard basis, as set out below) in full and final settlement of his claims against the Defendant.
13. The Defendant shall pay the net sum of £73,043.76 to the Claimant’s solicitor by 4pm on 29 September 2020.
14. The Claimant’s compensation is thereafter to be released to the Claimant to be held in his own bank account, the Court being satisfied that such funds will be applied exclusively for the benefit of the Claimant with the support and assistance of his family as has been done for many years on his behalf.
15. Pursuant to CPR Part 46.4(2)(b) the Claimant’s costs of and associated with the claim shall be paid by the Defendant on the standard basis; such costs are to be the subject of detailed assessment and paid within 14 days of assessment. The parties have permission to dispense with the detailed assessment of costs in the event of agreement as to the amount of those costs and upon the Claimant’s solicitors giving an undertaking to waive any further claim for costs, pursuant to Practice Direction 46, paragraph 2.1(b).
16. The Defendant do pay the Claimant the agreed interim sum of £35,000 on account of costs by 4pm on 29 September 2020 with payment to be made to the Claimant’s Solicitors.
17. Upon payment of the above-mentioned damages and costs, the Defendant be discharged from all and any further liability in respect of the Claimant’s claim for compensation following an accident in the course of their employment on 24 May 2016.
18. All further proceedings in this action be stayed, except for the purpose of implementing the terms of this Order, for which purpose the Claimant and the Defendant shall have permission to apply to the Court.