SXA -v- Zurich Insurance Plc, sucursal en Espana (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim No.: QB-2020-000387

In the High Court of Justice
King’s Bench Division

14 November 2022

Before:

Master Cook

Between:

SXA (a Protected Party By Their Mother And Litigation Friend SYA)

-v-

Zurich Insurance Plc, sucursal en Espana

Order

BEFORE Master Cook on 14 November 2022 via MS Teams pursuant to the Remote Hearings Protocol.
UPON hearing leading counsel for the Claimant and counsel for the Defendant
AND UPON the Claimant’s litigation friend attending also by video
WHEREAS the Claimant has made a claim against the Defendant for personal injuries suffered by him in an accident in Spain on 14 July 2018 and in respect of which proceedings were commenced by the Claimant against the Defendant in the High Court of Justice on 31 January 2020
AND WHEREAS the Claimant is a protected party who brings the claim by his litigation friend SYA.
AND WHEREAS the Irwin Mitchell Trust Corporation has been appointed by the Court of Protection as Deputy for the Claimant’s property and affairs
AND WHEREAS the Court has made an anonymity order to protect the interests of the Claimant and his close family including their right to respect for their private life, and to maintain the confidentiality of the settlement of the claim
AND WHEREAS the exchange rate between Euros/sterling for interim payments and recoupable benefits shall be the rate that was applicable on the date that the payments were made. For payment of the balance the rate applicable is to be the midmarket rate as at 1700 hours on the day before the date of approval.
AND UPON the Claimant by his litigation friend and the Defendant having agreed the terms of this Order in full and final settlement of the claim
AND UPON reading the advice dated 29 September 2022 of Katherine Deal KC, leading counsel for the Claimant and having indicated, in the light of such advice, that a lump sum is a more appropriate form of damages in the circumstances of the case.
The Court approved the following terms of settlement and the underlying compromise on liability pursuant to CPR 21.10 and made them an order of the Court:

BY CONSENT IT IS ORDERED that:

  1. The Defendant shall pay to the Claimant in full and final satisfaction of his claim for injuries, loss and damage arising out of the accident on 14 July 2018 the sum of €1,100,000 net of contributory negligence and inclusive of damages and interest.
  2. The said sum shall be satisfied as follows:
    a. The Claimant gives credit for interim payments already received in the sum of £250,000 (Euro equivalent €293,000).
    b. The Claimant gives credit for recoupable benefits in the sum of £72,915.46 (Euro equivalent €86,040.24).
    c. The Defendant shall pay to the Claimant’s solicitors by 4pm 5 December 2022 the remaining sum of €720,959.76, which shall be retained by the Claimant’s solicitors in their current account pending the detailed assessment proceedings set out at paragraph [7] below.
  3. The Defendant shall additionally (i.e. on top of the said settlement sum of €1,100,000) discharge any NHS charges which are payable.
  4. The Defendant shall pay the Claimant’s costs of the action on the standard basis to be assessed if not agreed.
  5. The Defendant confirms that by 05 December 2022, the Claimant will have received the sum of £175,000 as an interim payment made on account of his costs.
  6. Upon payment of the totality of the sums set out above the Defendant shall be discharged from all further liability to the Claimant.
  7. There shall be a detailed assessment of the Claimant’s costs pursuant to CPR 46.4 to include the extent of any further deductions from his damages.
  8. The Claimant’s solicitors shall pay all sums remaining following the said detailed assessment into the Claimant’s Deputyship account, following which the remaining funds will be dealt with as directed by the Court of Protection.
  9. Permission to restore for the purposes of bringing this Order into effect.