XAX -v- XCX (anonymity order)

Queen's Bench DivisionAnonymity Order

CLAIM NO.: F90CF040

In the High Court of Justice
Queen’s Bench Division

Cardiff District Registry

21 December 2021

 

Before:

Mrs Justice Eady

Between:

XAX

(By his Litigation Friend, XBX)

-v-

XCX

ORDER

BEFORE Mrs Justice Eady sitting in the High Court in the Cardiff District Registry at the Cardiff Civil and Family Justice Centre, 2 Park Street, Cardiff CF10 1ET on 21st December 2021.

UPON hearing Nicholas David Jones on behalf of the claimant and Simon Curtis on behalf of the defendant via Cloud Video Platform (CVP)

WHEREAS the claimant is a protected party who has made a claim against the defendant through a litigation friend, XBX, in respect of personal injuries and consequential loss suffered by him as a result of the defendant’s negligence on the 13th June 2016 and in respect of which negligence the defendant has admitted liability

AND WHEREAS the claimant and the defendant have agreed a settlement in the gross sum inclusive of interest of £550,000.00

AND UPON reading the confidential opinion of Nicholas David Jones dated 1st November 2021 and the approval bundle

AND UPON the court being satisfied that periodical payments are not the more appropriate form of damages for any part of the award

AND UPON the claimant and defendant having agreed in full and final settlement of the claim the terms set forth herein

AND UPON it appearing that the non-disclosure of the identity of the claimant and the parties is necessary in order to protect the interests of the claimant

Mrs Justice Eady approved the following terms of settlement in relation to the assessment of damages and made them an order of the court.

IT IS ORDERED that:

  1. the claimant and the litigation friend and the defendant shall hereinafter be referred to in these proceedings as “XAX” and “XBX” and “XCX” respectively;
  2. pursuant to CPR 39.2(4) there shall not be disclosed in any report of the proceedings the name or the address of the claimant or any details leading to the identification of the claimant. The claimant, if referred to, shall only be referred to as set out in paragraph 1 herein;
  3. pursuant to CPR5.4C, a person who is not a party to the proceedings may obtain a copy of a statement of case, judgment or order of the court from the court records only if the statement of case, judgment or order has been anonymised such that: (a) the claimant and the litigation friend are referred to in these documents only as set out in paragraph 1 herein; (b) the addresses of the claimant and the litigation friend have been deleted from these documents;
  4. any non-party affected by paragraphs 1 to 3 of this order may apply to the court on notice to all parties to have paragraphs 1 to 3, or any of them, set aside or varied;

BY CONSENT IT IS ORDERED that:

5. the claimant may accept the sum of £550,000.00 in satisfaction of the claim;

6. the claimant shall give credit against the gross sum of £550,000.00 for:

    • interim payments paid by the defendant to the claimant in the total sum of £75,000;
    • the sum of £49.63 to the paid by the defendant to the Compensation Recovery Unit;

7. the balance of the judgment sum, namely £474,950.37, shall be paid by the defendant by 4 pm on the 11th January 2022 into the Court of Protection (OPG reference number: 13672365) to the credit of the claimant and which sum shall be there to be dealt with as a fund of a protected beneficiary and as the deputy in his discretion shall think fit;

8. the defendant shall pay the claimant’s costs of the action on the standard basis, to be subject to detailed assessment if not agreed;

9. the defendant shall pay an interim payment on account of the claimant’s costs in the sum of £60,000.00 by 4pm on 11th January 2022;

10. upon payment of the sums and costs referred to herein, the defendant shall be discharged from further liability in respect of all claims made against the defendant in these proceedings;

11. all further proceedings shall be stayed except that either party has permission to apply to the court for the purpose of carrying this order into effect;

12. the assessment of damages listed from the 27th June 2022 to the 1st July 2022 shall be vacated.