LP v Wye Valley NHS Trust [2018] EWHC 3039 (QB) (22 November 2018)

LP v Wye Valley NHS Trust [2018] EWHC 3039 (QB) (22 November 2018)

This is an application by C… for an interim payment on an account of damages in the sum of £400,000, the purpose of which is to fund future care and more particularly to enable the purchase and adaptation of a suitable single storey property… [1]

D has previously made a voluntary interim payment of £100,000 and is prepared to make a further voluntary payment of £100,000 but resists C’s application for £400,000. [3]

C is 69 years old. She suffered from undetected atrial fibrillation [4]

In May 2011 C suffered a stroke… [5]

In August 2013 C suffered a further significant stroke… [6]

In December 2013 C suffered a further severe stroke… [7]

C’s letter of claim alleges a failure to identify and treat her atrial fibrillation, the earlier diagnosis of which would have led to treatment and have avoided the August and December 2013 strokes… [15]

J approved a compromise under which D accepted that it was 95% liable for any damage caused by the August and December 2013 strokes [16]

At CPR 25.7(4) it is provided that: “the court must not order an interim payment of more than a reasonable proportion of the likely amount of the final judgment”. [17]

…I would order a further interim payment of £350,000 such payment to be made in 14 days… [46]