XBY and YBY (interested party) -v- Donkin (anonymity order)
Claim Number: QB-2020-003518
In the High Court of Justice
King’s Bench Division
16 November 2022
Before:
Master Cook
Between:
(1) XBY (a Child, By His Mother And Litigation Friend, YBY)
(2) YBY
-v-
Paul Donkin
Order
BEFORE MASTER COOK upon consideration of the papers
UPON having heard Counsel for the First and Second Claimants (Mr McNair) and Counsel for the Defendant (Mr Houghton) in person on 16th November 2022
AND UPON these proceedings arising out of a fatal road traffic accident on 16 October 2017 which a motor vehicle driven by the Defendant collided with and killed DDD (‘the Deceased’)
AND UPON the Claimants’ causes of action herein being for damages under the Fatal Accidents Act 1976 and statutory interest
AND UPON the court noting that the claim is properly constituted in the names of the three dependants of the Deceased, pursuant to section 2(2) of the Fatal Accidents Act 1976, because there were no executors or administrators of the Deceased’s estate at the date of issue of proceedings
AND UPON the legal representatives for the First and Second Claimants and the Defendant attending a joint settlement meeting on 14 September 2022, and having agreed a settlement of the First and Second Claimants’ causes of action for damages and interest herein in the sum of £300,000
AND UPON the Defendant already having reached settlement with the Third Claimant in respect of his dependency and costs on terms that the Defendant would pay the Third Claimant £37,000 plus costs to be assessed if not agreed
AND UPON the Court having already made an order approving the above settlement of the Third Claimant’s dependency on 19th March 2021
AND UPON the First Claimant being a child who will not attain his majority until 28 June 2036, and the Court’s approval therefore being required in respect of the said settlement insofar as it relates to the First Claimant, pursuant to CPR 21.10(1), CPR PD 21 para. 6 and CPR PD 21 para. 7
AND UPON the First and Second Claimants and the Defendant applying to the Court for approval of the said settlement insofar as it relates to the First Claimant
AND UPON the Court considering the bundle of documents prepared for the approval hearing and reading the Advice from Counsel in respect of settlement dated 3rd November 2022
AND UPON the Court approving the said settlement insofar as it relates to the First Claimant
BY CONSENT IT IS ORDERED THAT
- The First and Second Claimants may accept the sum of £300,000 in settlement of their claims for damages and interest.
- The said sum of £300,000 is to be apportioned (in accordance with CPR PD 21 para. 7) as follows under the Fatal Accidents Act 1976:
a. The sum of £216,000 to the claim for the First Claimant, a child dependant.
b. The sum of £84,000 to the claim of the Second Claimant.
- The Defendant do pay the sum of £84,000 to the Second Claimant on or before 30th November 2022.
- The Defendant do pay the sum of £216,000 into the Court Funds Office on or before 30th November 2022 to be invested in accordance with the court’s directions.
- The above fund to be paid to the First Claimant on his majority as he may request.
- The Defendant do pay the First and Second Claimants’ costs of the action in the agreed sum of £85,000 (inclusive of VAT and disbursements), such sum to be paid by 4pm on 30th November 2022, and the Claimants’ solicitor waiving any claim to further costs.
- The total claim of £337,000 in respect of all three Claimants is approved, insofar as such approval is necessary.
- Upon payment of the sum(s) and costs referred to above, the Defendant be discharged from further liability in respect of all claims made by the Claimants against him in these proceedings.
- All further proceedings be stayed except that either party has permission to apply to the court for the purpose of carrying this order into effect.