A v B Hospitals NHS Trust

A v B Hospitals NHS Trust

A lump sum award best meets the Claimant’s needs because periodical payments linked to RPI would likely result in a substantial and increasing shortfall in meeting future care costs, whereas a lump sum provides flexibility and a realistic prospect of covering actual care expenses.

Parties
Claimant: A (a child suing by his father and litigation friend C); Defendant: B Hospitals NHS Trust
Jurisdiction
England and Wales
Judgment Date
10 November 2006
Procedural Posture
Personal Injury Medical Negligence / Post Liability, Quantum of Damages (future Care Costs)
Outcome
Lump sum award ordered for future care costs.
Legal Topics
Assessment of Damages, Periodical Payments, Lump Sum Awards, Future Care Costs
Personal Injury Medical Negligence Damages Assessment of Damages Periodical Payments Lump Sum Awards Future Care Costs

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Parties

A (a child suing by his father and litigation friend C)

Claimant

B Hospitals NHS Trust

Defendant

Procedural Posture

Personal Injury Medical Negligence / Post Liability, Quantum of Damages (future Care Costs)

Legal Issues

  1. 1 Whether damages for future care should be awarded as a lump sum or as periodical payments linked to RPI

Ratio Decidendi

A lump sum award best meets the Claimant’s needs because periodical payments linked to RPI would likely result in a substantial and increasing shortfall in meeting future care costs, whereas a lump sum provides flexibility and a realistic prospect of covering actual care expenses.

Court Disposition

Lump sum award ordered for future care costs.

Orders

  • Award in respect of the cost of future care to be in the form of a lump sum.