Farrugia v Burtenshaw & Ors

Farrugia v Burtenshaw & Ors

The claimant is entitled to damages for future care and case management assessed on the basis of a directly-employed care regime providing two carers during the day and two at night (one waking, one sleeping), with adjustments for family input and stepped-up care in the final two years of life. Periodical payments are appropriate, reasonably secure (protected by FSCS), and best meet the claimant's needs. Variable periodical payments are justified to cover the risk of uncontrolled epilepsy. Life expectancy is set at 28.5 years from trial, with a life multiplier of 20.5.

Parties
Claimant: Jack Farrugia (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 Road Traffic Accident / Quantum Trial (assessment of Damages)
Outcome
Claim for damages for future care and case management allowed; periodical payments order granted with variable element for risk of uncontrolled epilepsy; stepped-up payments for final two years of life; quantum to be finalised at approval hearing.
Legal Topics
Damages Assessment, Future Care Costs, Periodical Payments, Provisional Damages, Life Expectancy, Case Management, Court of Protection Costs
Tort Personal Injury Insurance Damages Assessment Future Care Costs Periodical Payments Provisional Damages Life Expectancy +2 more

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 14 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Jack Farrugia (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 Road Traffic Accident / Quantum Trial (assessment of Damages)

Legal Issues

  1. 1 Appropriate quantum for future care and case management for catastrophically injured claimant
  2. 2 Appropriate form of damages (lump sum vs periodical payments)
  3. 3 Whether periodical payments are reasonably secure given insurer's solvency

Ratio Decidendi

The claimant is entitled to damages for future care and case management assessed on the basis of a directly-employed care regime providing two carers during the day and two at night (one waking, one sleeping), with adjustments for family input and stepped-up care in the final two years of life. Periodical payments are appropriate, reasonably secure (protected by FSCS), and best meet the claimant's needs. Variable periodical payments are justified to cover the risk of uncontrolled epilepsy. Life expectancy is set at 28.5 years from trial, with a life multiplier of 20.5.

Court Disposition

Claim for damages for future care and case management allowed; periodical payments order granted with variable element for risk of uncontrolled epilepsy; stepped-up payments for final two years of life; quantum to be finalised at approval hearing.

Orders

  • Damages for future care and case management to be paid by periodical payments, indexed to ASHE SOC 6115 gross hourly pay for all employees (90th percentile)
  • Damages for future Court of Protection and Deputy's costs to be paid by periodical payments, indexed to Guideline Hourly Rates for Solicitors, Grade A National Band 1