Farrugia v Burtenshaw & Ors [2014] EWHC 1036 (QB) (08 April 2014)

Farrugia v Burtenshaw & Ors [2014] EWHC 1036 (QB) (08 April 2014)

The claimant is entitled to periodical payments for future care and case management, as continuity of payment by the Third Defendant is reasonably secure and such payments are in the claimant's best interests. The appropriate care regime is two carers for daytime and night-time, reflecting unpredictability and risk, with allowance for family input and future flexibility. Life expectancy is reduced to 28.5 years post-trial, and provisional damages are not awarded for epilepsy risk as the current evidence does not justify it.

Citation
[2014] EWHC 1036
Parties
Claimant: Jack Farrugia (A Protected Party by his Mother and Litigation Friend Lorraine Farrugia); First Defendant: Steven Burtenshaw; Second Defendant: The Motor Insurers Bureau (in substitution for Zurich Insurance PLC); Third Defendant: Quinn Insurance Limited
Jurisdiction
England and Wales
Judgment Date
08 April 2014
Procedural Posture
Personal Injury Claim (road Traffic Accident) / Quantum Trial (assessment of Damages)
Outcome
Claimant awarded periodical payments for future care and case management; quantum approved as per agreed heads of claim; no provisional damages for epilepsy risk.
Legal Topics
Damages Assessment, Periodical Payments, Care Costs, Life Expectancy, Provisional Damages, Road Traffic Act Liability
Personal Injury Insurance Law Civil Procedure Damages Assessment Periodical Payments Care Costs Life Expectancy Provisional Damages +1 more

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Parties

Jack Farrugia (A Protected Party by his Mother and Litigation Friend Lorraine Farrugia)

Claimant

Steven Burtenshaw

First Defendant

The Motor Insurers Bureau (in substitution for Zurich Insurance PLC)

Second Defendant

Quinn Insurance Limited

Third Defendant

Procedural Posture

Personal Injury Claim (road Traffic Accident) / Quantum Trial (assessment of Damages)

Legal Issues

  1. 1 Appropriate quantum of damages for catastrophic brain injury
  2. 2 Future care and case management requirements
  3. 3 Whether periodical payments are reasonably secure and appropriate

Ratio Decidendi

The claimant is entitled to periodical payments for future care and case management, as continuity of payment by the Third Defendant is reasonably secure and such payments are in the claimant's best interests. The appropriate care regime is two carers for daytime and night-time, reflecting unpredictability and risk, with allowance for family input and future flexibility. Life expectancy is reduced to 28.5 years post-trial, and provisional damages are not awarded for epilepsy risk as the current evidence does not justify it.

Court Disposition

Claimant awarded periodical payments for future care and case management; quantum approved as per agreed heads of claim; no provisional damages for epilepsy risk.

Orders

  • Periodical payments to be made by Third Defendant for future care and case management.
  • Court approval required for agreed heads of claim.