Clinical Negligence – Birth Defects – Damages – Interim Payments – Accommodation
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High Court, Queen’s Bench Division
11 July 2014
Richard Parkes QC
The claimant was left profoundly
disabled at birth. Liability is not disputed and the matter is listed for trial
in October 2014. The claimant sought an interim payment of £1.6m for specialist
accommodation, in addition to £700,000 in interim payments already received.
The court granted the application.
The claimant, aged 8 and who
suffers with cerebral palsy and cognitive and mobility impairment due to
negligently managed delivery at birth, applied for a further interim payment of
£1.6m to purchase suitable accommodation in addition to the £700,000 in
payments already made.
It was the claimant’s argument
that, apart from the heads of loss requiring periodical payments, the
compensation overall would be paid by lump sum and when capitalised was valued
at up to £4.1m. The request was therefore no more than a reasonable proportion
of the overall award.
The defendant argued that given
the substantial dispute over future accommodation (the claimant claimed £2.4m
and the defendant agreed only £1.2m) a further interim payment in addition the
sums already paid would exceed a reasonable proportion of the overall award.