YM (a child ) v Gloucestershire Hospitals NHS Foundation Trust & Anor [2006] EWHC 820 (QB) (12 April 2006)

YM (a child ) v Gloucestershire Hospitals NHS Foundation Trust & Anor [2006] EWHC 820 (QB) (12 April 2006)

The court held that, due to the specific arrangements and agreements made between the NHSLA, the Secretary of State, and the defendant Trusts—whereby the NHSLA is made the effective source of periodical payments and claimants have direct enforcement rights against the NHSLA—the statutory requirement for reasonable security of periodical payments is satisfied under section 2(4)(c) of the Damages Act 1996.

Citation
[2006] EWHC 820 (QB)
Parties
Claimant: YM (A child and patient by her Mother and Litigation Friend EH); First Defendant: Gloucestershire Hospitals NHS Foundation Trust; Second Defendant: Secretary of State for Health; Claimant: Joseph Samuel Kanu (A Patient suing by his Father and Litigation Friend, Samuel Kanu); First Defendant: King's College Hospital Trust
Jurisdiction
England and Wales
Judgment Date
12 April 2006
Procedural Posture
Clinical Negligence Claim (personal Injury, Child/patient) / Settlement Approval and Order for Periodical Payments
Outcome
Settlements approved; orders for periodical payments made with NHSLA as source and responsible party.
Legal Topics
Periodical Payments, Damages for Personal Injury, Reasonable Security of Payments, NHS Trusts and Foundation Trusts Liability, Enforcement of Judgments
Personal Injury Clinical Negligence Public Health Law Periodical Payments Damages for Personal Injury Reasonable Security of Payments NHS Trusts and Foundation Trusts Liability Enforcement of Judgments

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Parties

YM (A child and patient by her Mother and Litigation Friend EH)

Claimant

Gloucestershire Hospitals NHS Foundation Trust

First Defendant

Secretary of State for Health

Second Defendant

Joseph Samuel Kanu (A Patient suing by his Father and Litigation Friend, Samuel Kanu)

Claimant

King's College Hospital Trust

First Defendant

Procedural Posture

Clinical Negligence Claim (personal Injury, Child/patient) / Settlement Approval and Order for Periodical Payments

Legal Issues

  1. 1 Whether the court can be satisfied that continuity of periodical payments under the Damages Act 1996 is reasonably secure when the defendant is an NHS Foundation Trust or a Trust seeking Foundation status.
  2. 2 Whether the arrangements between NHSLA, the Secretary of State, and the Trusts provide sufficient security for periodical payments.

Ratio Decidendi

The court held that, due to the specific arrangements and agreements made between the NHSLA, the Secretary of State, and the defendant Trusts—whereby the NHSLA is made the effective source of periodical payments and claimants have direct enforcement rights against the NHSLA—the statutory requirement for reasonable security of periodical payments is satisfied under section 2(4)(c) of the Damages Act 1996.

Court Disposition

Settlements approved; orders for periodical payments made with NHSLA as source and responsible party.

Orders

  • Defendants to make lump sum and periodical payments to claimants as set out in the approved orders.
  • NHSLA to be responsible for and make periodical payments; claimants have direct enforcement rights against NHSLA.