JXM v An NHS Trust

It is appropriate to order the interim payment of £600,000 to enable purchase of suitable accommodation for the claimant, given the admitted liability and urgent need for proper care, and the court is satisfied that arrangements are in place to prevent the parents from benefiting from damages due to their criminal acts.

Parties: Claimant: JXM; Defendant: AN NHS Trust
Jurisdiction: England and Wales
Judgment Date: 10 March 2020
Procedural Posture: Personal Injury Claim / Interim Payment Application
Outcome: Interim payment application granted
Legal Topics: Interim Payments, Liability Admission, Damages, Intestacy, Trust Creation

Tort Medical Negligence Personal Injury Interim Payments Liability Admission Damages Intestacy Trust Creation

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1

Parties

JXM

Claimant

AN NHS Trust

Defendant

Procedural Posture

Personal Injury Claim / Interim Payment Application

Legal Issues

1 Whether an interim payment should be made to enable purchase of suitable accommodation for the claimant
2 Whether the interim payment or damages could accrue to the parents under intestacy if the claimant dies before 18
3 Appropriateness of creating a trust to prevent parents benefiting from damages

Ratio Decidendi

Court Disposition

Interim payment application granted

Orders

Defendant to make interim payment of £600,000 in accordance with consent order
Court notes application to Court of Protection for creation of trust to protect damages from intestacy