EXB v FDZ & Ors [2018] EWHC 3456 (QB) (13 December 2018)

EXB v FDZ & Ors [2018] EWHC 3456 (QB) (13 December 2018)

Given the Claimant's permanent cognitive impairment, impulsivity, and vulnerability to exploitation, it is in his best interests not to be informed of the settlement amount. The court has jurisdiction to make a declaration of incapacity and an order prohibiting disclosure. The costs of the application are to be borne by the Third and Fourth Defendants as the need for the application arises from their tort.

Citation
[2018] EWHC 3456
Parties
Claimant: EXB (A Protected Party by his Mother And Litigation friend DYB); First Defendant: FDZ; Second Defendant: Motor Insurers' Bureau; Third Defendant: GHM; Fourth Defendant: UK Insurance Ltd
Jurisdiction
England and Wales
Judgment Date
13 December 2018
Procedural Posture
Personal Injury / Court of Protection / Post Settlement Application for Best Interests Declaration and Costs Order
Outcome
Declarations and orders granted as sought; costs awarded to Claimant against Third and Fourth Defendants.
Legal Topics
Best Interests Determination, Non Disclosure of Settlement Sum, Deputy Powers, Costs Liability, Capacity Assessment
Mental Capacity Personal Injury Court of Protection Best Interests Determination Non Disclosure of Settlement Sum Deputy Powers Costs Liability Capacity Assessment

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 3 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

EXB (A Protected Party by his Mother And Litigation friend DYB)

Claimant

FDZ

First Defendant

Motor Insurers' Bureau

Second Defendant

GHM

Third Defendant

UK Insurance Ltd

Fourth Defendant

Procedural Posture

Personal Injury / Court of Protection / Post Settlement Application for Best Interests Declaration and Costs Order

Legal Issues

  1. 1 Whether it is in the protected party's best interests to be informed of the settlement amount
  2. 2 Whether the protected party lacks capacity to decide on disclosure of the settlement amount
  3. 3 Whether the Deputy or others should be prohibited from disclosing the settlement amount

Ratio Decidendi

Given the Claimant's permanent cognitive impairment, impulsivity, and vulnerability to exploitation, it is in his best interests not to be informed of the settlement amount. The court has jurisdiction to make a declaration of incapacity and an order prohibiting disclosure. The costs of the application are to be borne by the Third and Fourth Defendants as the need for the application arises from their tort.

Court Disposition

Declarations and orders granted as sought; costs awarded to Claimant against Third and Fourth Defendants.

Orders

  • Declaration that Claimant lacks capacity to decide on disclosure of settlement amount.
  • Declaration that it is in Claimant's best interests not to know the settlement amount.