AC v Farooq & Anor [2012] EWHC 1484 (QB) (30 July 2012)

AC v Farooq & Anor [2012] EWHC 1484 (QB) (30 July 2012)

The claimant has genuine physical and cognitive deficits resulting from severe traumatic brain injury, including lack of capacity under the Mental Capacity Act 2005, and is not capable of independent living or employment. While there is some exaggeration of symptoms, it is not for financial gain but likely due to factitious disorder and abnormal family dynamics. The claimant is entitled to damages to meet her reasonable future care and case management needs, assessed on the basis of her actual needs rather than minimal impairment. A periodical payments order is appropriate, with the final form of order to be determined after further submissions.

Citation
[2012] EWHC 1484
Parties
Claimant: AC (A protected Party and by her Litigation Friend, the Official Solicitor); First Defendant: Omar Farooq; Second Defendant: The Motor Insurers Bureau
Jurisdiction
England and Wales
Judgment Date
30 July 2012
Procedural Posture
Personal Injury Damages Assessment / Judgment After Trial on Quantum (future Care and Case Management)
Outcome
Damages for future care and case management to be awarded; periodical payments order appropriate; final order pending further submissions.
Legal Topics
Assessment of Damages, Future Care Costs, Mental Capacity Act 2005, Periodical Payments, Factitious Disorder, Exaggeration of Symptoms
Personal Injury Mental Capacity Assessment of Damages Future Care Costs Mental Capacity Act 2005 Periodical Payments Factitious Disorder Exaggeration of Symptoms

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

AC (A protected Party and by her Litigation Friend, the Official Solicitor)

Claimant

Omar Farooq

First Defendant

The Motor Insurers Bureau

Second Defendant

Procedural Posture

Personal Injury Damages Assessment / Judgment After Trial on Quantum (future Care and Case Management)

Legal Issues

  1. 1 What is the extent of the claimant's physical and cognitive disability?
  2. 2 What are the claimant's reasonable future care and case management needs?
  3. 3 Is the claimant exaggerating her symptoms for financial gain?

Ratio Decidendi

The claimant has genuine physical and cognitive deficits resulting from severe traumatic brain injury, including lack of capacity under the Mental Capacity Act 2005, and is not capable of independent living or employment. While there is some exaggeration of symptoms, it is not for financial gain but likely due to factitious disorder and abnormal family dynamics. The claimant is entitled to damages to meet her reasonable future care and case management needs, assessed on the basis of her actual needs rather than minimal impairment. A periodical payments order is appropriate, with the final form of order to be determined after further submissions.

Court Disposition

Damages for future care and case management to be awarded; periodical payments order appropriate; final order pending further submissions.

Orders

  • Damages for all heads of past and future loss other than future care and case management settled for £1.6 million lump sum, subject to court approval.
  • Assessment of damages for future care and case management to be determined after further submissions in light of findings.