Claim No: HQ17CO1792
In the High Court of Justice
Queen’s Bench Division
24 June 2019
Mr Justice Martin Spencer
RZH (By her Mother and litigation friend SYH)
BEFORE The Hon. Mr Justice Martin Spencer sitting at the Royal Courts of Justice, Strand, London, on Monday the 24th June 2019
UPON HEARING Simeon Maskrey one of Her Majesty’s Counsel, on behalf of the Claimant and David Pittaway one of Her Majesty’s Counsel, on behalf of the Defendant
AND UPON READING the Advice from Simeon Maskrey dated the 12th June 2019
AND UPON there being no admission of liability
AND UPON the Court having approved the terms of this Order
BY CONSENT IT IS ORDERED that:
- The Claimant may accept the sum of £5,000,000, inclusive of CRU of £20,388.10, in full and final settlement of all claims brought by her in this action subject to a first charge pursuant to Section 25 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 or as subject to any transitional and saving provisions as applicable to Section 16(6) of the Legal Aid Act or Section 10(7) of the Access to Justice Act 1999, which sum shall be there to be dealt with as a fund of a protected beneficiary.
- By 16.00 hours on the 22nd of July 2019 the Defendant shall pay to the Claimant’s solicitors free of any statutory charge the sum of £450,000 in respect of damages held on trust for the Claimant’s parents in respect of past gratuitous care and expenses;
- By 16.00 hours on the 22nd of July 2019 the Defendant shall pay to the Claimant’s solicitors the sum of £50,000 to be held on deposit account and to be used thereafter to discharge the Claimant’s liability to BUPA (approximately £7500) and her liability for any adverse costs orders. The Claimant’s solicitor will agree to pay the balance of this sum into the Court Funds Office or Court of Protection (wherever the fund may be at the time) along with any accrued interest within 14 days of resolution of the subrogated BUPA claim and costs.
- By 16.00 hours on the 22nd of July 2019 the Defendant shall pay the balance of £4,479,611.90 into the Court Funds Office, such sum to be invested and accumulated in the special investment account until transferred as provided for in paragraph 5 of this Order or as otherwise directed by the Court
- Upon the appointment of a Deputy by the Court of Protection, all the sums paid into Court pursuant to paragraph 4 of this Order, together with interest accrued thereon, shall be carried over to the Court of Protection to the credit of the Claimant without further Order, there to be dealt with as a fund of a protected beneficiary and as the Court of Protection shall think fit.
- The Defendant to pay the Claimant’s reasonable costs on the standard basis such costs to be the subject of a Detailed Assessment, if not agreed. Pursuant to CPR 44.2(8), the Defendant do pay the sum of £125,000 on account of these costs to the Claimant’s solicitors by 16.00 hours on the 22nd of July 2019.
- Further, there be permission to have a detailed assessment of the Claimant’s costs in accordance with the Civil Legal Aid (Costs) Regulations 2013 or as subject to any transitional and saving provisions as applicable with Regulation 107 of the Civil Legal Aid (General) Regulations 1989 as amended, Article 5 of the Access to Justice Act 1999 (Commencement No.3) Order 2000, Article 4 of the Community Legal Service (Funding) Order and the Civil Legal Aid (General) (Amendment) Regulations 2000 as amended, save that in the event that the Claimant’s solicitors waive any claim to any further costs beyond those referred to above they have permission to dispense with any legal Aid Assessment.
- Upon payment of the costs and sums referred to above, the Defendant be discharged from any liability in respect of all claims made by the Claimant against him in these proceedings.
- 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
Dated 24th day of June 2019