Porter v Barts Health NHS Trust [2017] EWHC 3205 (QB) (18 December 2017)

C is now aged 12. At her birth on 7 May 2005 she sustained a hypoxic brain injury, as a result of which she now suffers from quadriplegic cerebral palsy and microcephaly. C is thus very severely disabled… (paragraph 1)

By an order dated 30 November 2015 judgment was entered against D, following a compromise of the proceedings under the terms of which it is liable to pay 80 per cent of the damages that would have been awarded upon the basis of full liability. (paragraph 2)

If all items claimed, in terms of general damages, interest, past and future loss are included, then the total for the claim, after applying the 20 per cent discount for settlement, is £24,129,289, whereas the total suggested by the counter schedule is £2,850,789 plus periodical payments. (paragraph 3)

On 17 December 2015 an interim award of £500,000, inclusive of CRU, was made in the claimant’s favour. Some of that money has been expended, but the court was informed that some £298,000 remains unspent from that interim award. (paragraph 4)

…the court is requested to make a further interim award of £1,900,000 to cover the claimant’s needs to trial, since the £298,000 referred to above, the unexpended part of the first interim payment, can be used to make up all but £1,000 of the total required. (paragraph 13)

…on behalf of C that there is an urgent and pressing need for alternative premises to be purchased and converted, adapted, and equipped, as the present accommodation is neither suitable for C’s disability nor for the care which she requires. (paragraph 14)

…the further £1,900,000 sought by way of interim payment, when added to the previous £500,000, will bring the total of the interim payments to £2,400,000 and will by no means exceed the amount which the court should consider making by way of interim payment…(paragraph 59)