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

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

The claimant suffered genuine physical and cognitive deficits as a result of a severe traumatic brain injury, including lack of capacity under the Mental Capacity Act 2005. Despite evidence of symptom exaggeration, there is no finding of malingering for financial gain. The claimant is entitled to damages to meet her reasonable future care and case management needs, including both organic and non-organic impairment, with periodical payments being appropriate. The precise form and quantum of the award will be determined after further submissions.

Citation
[2012] EWHC 1484 (QB)
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 on Quantum (future Care and Case Management)
Outcome
Damages for future care and case management awarded; precise quantum and form of order to be determined after further submissions.
Legal Topics
Assessment of Damages, Future Care Costs, Mental Capacity Act 2005, Periodical Payments, Factitious Disorder, Care Regime Feasibility
Personal Injury Mental Capacity Assessment of Damages Future Care Costs Mental Capacity Act 2005 Periodical Payments Factitious Disorder Care Regime Feasibility

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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 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 entitled to damages for both organic and non-organic impairment?

Ratio Decidendi

The claimant suffered genuine physical and cognitive deficits as a result of a severe traumatic brain injury, including lack of capacity under the Mental Capacity Act 2005. Despite evidence of symptom exaggeration, there is no finding of malingering for financial gain. The claimant is entitled to damages to meet her reasonable future care and case management needs, including both organic and non-organic impairment, with periodical payments being appropriate. The precise form and quantum of the award will be determined after further submissions.

Court Disposition

Damages for future care and case management awarded; precise quantum and form of order to be determined after 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.
  • Periodical payments for future care and case management to be awarded; final determination pending further submissions.