The purpose of today’s hearing is for me to consider whether the proposed settlement of the damages claim in this case is in the best interests of C [1]
The claim arises out of the neurological injuries suffered by C at the time of his birth… on 3 November 2008. In brief outline, the central elements of the claim are as follows. C suffered a hypoxic ischaemic injury at birth which has caused him both physical and cognitive disability. He is independently mobile, but he has an abnormal gait and balance difficulties. He is clumsy and uncoordinated, and he tires easily. He has significant neurocognitive impairments, including learning and behavioural difficulties. C is, and will always be, reliant on others for almost all the activities of daily living. [2]
The issues of breach of duty and causation were compromised on terms, approved by Lambert J on 31 July 2019, that D pay 95% of damages to be assessed. [3]
D will pay a retained sum of £7,125,000, and will also pay periodical payments in respect of care and case management of £110,000 per annum in each year from 15 December 2022 to 15 December 2026 inclusive, and of £157,500 per annum from 15 December 2027 onwards for the rest of C’s life [4]
I am therefore happy to give my approval to the settlement [7]
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