Claim Number: QB-2021-MAN-000159
In the High Court of Justice
Queen’s Bench Division
Manchester District Registry
25 October 2022
(A Protected Party by her husband and Litigation Friend KB)
BEFORE District Judge Stonier
UPON HEARING James Bell, Counsel for the Claimant and Daniel Paul, Counsel for the Defendant
WHEREAS the Claimant has made a claim against the Defendant for personal injuries suffered by her arising out of the Defendant’s negligence on 21st October 2018 in respect of which proceedings were commenced by the Claimant on 8th October 2021
AND UPON it appearing to the Court that the Claimant, who brings the claim by her Litigation Friend KB, is a Protected Party for the purposes of the CPR 21.11(3)
AND UPON the Court considering the Advice of James Bell dated 20th September 2022
AND UPON the Claimant and Defendant having agreed in full and final settlement of the Claim the terms set forth herein
AND UPON the Court being satisfied that a lump sum is the more appropriate form for all of any award for damages
AND UPON the Claimant and Defendant having agreed in full and final settlement of the Claim that the Defendant shall pay to the Claimant a net lump sum of £10,000 in respect of general damages for pain, suffering and loss of amenity
AND UPON the Defendant agreeing to discharge any CRU liability arising out of the index accident
AND UPON the Claimant agreeing that the Defendant will receive, for the benefit of the Compensator, any CRU benefits deemed to be refundable pursuant to mandatory reconsideration or appeal
AND UPON the Claimant, through her Solicitor, having undertaken to the Court that she will not institute any further proceedings against the Defendant in connection with the Claim save by way of enforcement of this Order
AND UPON consideration of the Claimant’s Article 8 right to respect for family life and the Article 10 right to freedom of expression
AND UPON it appearing that non-disclosure of the identity of the Claimant is necessary in order to protect the interests of the Claimant pursuant to rule 39.2(4) of the Civil Procedure Rules and section 11 of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules
AND UPON a copy of this Order being published on the website of the Judiciary of England and Wales
The Court approved the following terms of settlement and made them an Order of the Court.
BY CONSENT IT IS ORDERED AND APPROVED that:
- That the identity of the Claimant, her Litigation Friend and the Defendant shall not be disclosed.
- That the Claimant, her Litigation Friend and the Defendant be described in all statements of case and other documents to be filed or served in the proceedings or order in the proceedings and in any report of the proceedings by the press or otherwise as “SB”, “KB”, and “SCL” respectively.
- That the address of the Claimant, her Litigation Friend and the Defendant be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Claimant’s solicitors.
- That a non-party may not inspect or obtain a copy of any document on or from the Court file (other than this Order duly anonymised as directed) without the permission of a Judge, Master or District Judge. Any application for such permission or to set aside the anonymity order must be made on notice to the Claimant and the Defendants, and the Court will affect service. The file is to be retained by the Court and marked “Anonymised”.
- That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant, her Litigation Friend or the Defendant. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate family or the name of the Defendant is prohibited.
- The provisions of this Order shall not apply:
(i) to communications between the Court Funds Office/Court of Protection and the anonymised parties in relation to the payment of money into the Court Funds Office for the benefit of SB or the investment or treatment of payment out of such money; or
(ii) to communications between the Court Funds Office/Court of Protection and/or the anonymised parties and any financial institution concerned as to the receipt or investment of such money; or
(iii) to records kept by the Court Funds Office or between the anonymised parties or any such financial institution in relation to such money; or
(iv) to any communications between the Defendant and the CRU office or associated agencies; or
(v) to communications between the Defendant, their successors in title, their legal advisers and professional advisers, their reinsurers, HM Revenue & Customs (or its successor) or any other person required by law.
- There be judgment for the Claimant against the Defendant in the full and final gross sum of £10,000 by way of immediate damages.
- The lump sum is approved pursuant to Parts 21.10 and 21.11 of the Civil Procedure Rules for £10,000 to the Claimant such sum to be paid by the Defendant into the Court Funds Office by 4pm on 16th November 2022.
- The sum of £10,000 is to remain in the Court Funds Office pending further Order by the Court following the detailed assessment of the inter partes costs and a determination of the deductibility of the ATE premium, CFA success fee and any shortfall in costs as between the Claimant and Irwin Mitchell LLP and/or Thomas Saul Solicitors.
- The Defendant do pay the Claimant’s costs of the action on the standard basis to be the subject of detailed assessment if not agreed.
- Upon payment of the above sums in respect of damages and costs, the Defendant shall be discharged from any further liability in respect of all claims made by the Claimant against them in these proceedings.
- There is permission to the Claimant and the Defendant to restore with regard to implementation of the terms of the order only.