EXB v FDZ & Ors [2018] EWHC 3456 (QB) (13 December 2018)

EXB v FDZ & Ors [2018] EWHC 3456 (QB) (13 December 2018)

Given the overwhelming evidence of EXB's vulnerability, impulsivity, and inability to manage or understand the implications of knowing the settlement amount, it is in his best interests that he not be informed of the sum; the court has jurisdiction to make a declaration and order to that effect, and the costs of the application should be borne by the tortfeasors (Third and Fourth Defendants) as the need for the application arises directly from their tort.

Citation
[2018] EWHC 3456 (QB)
Parties
Claimant: EXB (A Protected Party by his Mother And Litigation friend DYB); Defendant: FDZ; Defendant: Motor Insurers' Bureau; Defendant: GHM; Defendant: UK Insurance Ltd
Jurisdiction
England and Wales
Judgment Date
13 December 2018
Procedural Posture
Personal Injury / Court of Protection / Post Settlement Application for Best Interests Declaration and Costs Order
Outcome
Declarations and orders granted as sought; costs of the application to be paid by the Third and Fourth Defendants, subject to detailed assessment if not agreed.
Legal Topics
Best Interests Determination, Mental Capacity Act 2005, Protected Parties, Deputy Powers, Costs in Court of Protection, Non Disclosure Orders
Personal Injury Mental Capacity Court of Protection Best Interests Determination Mental Capacity Act 2005 Protected Parties Deputy Powers Costs in Court of Protection +1 more

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Parties

EXB (A Protected Party by his Mother And Litigation friend DYB)

Claimant

FDZ

Defendant

Motor Insurers' Bureau

Defendant

GHM

Defendant

UK Insurance Ltd

Defendant

Procedural Posture

Personal Injury / Court of Protection / Post Settlement Application for Best Interests Declaration and Costs Order

Legal Issues

  1. 1 Whether it is in the best interests of a protected party (EXB) to be informed of the amount of his personal injury settlement
  2. 2 Whether the Deputy or others may lawfully withhold the settlement amount from EXB
  3. 3 Who should bear the costs of the application

Ratio Decidendi

Given the overwhelming evidence of EXB's vulnerability, impulsivity, and inability to manage or understand the implications of knowing the settlement amount, it is in his best interests that he not be informed of the sum; the court has jurisdiction to make a declaration and order to that effect, and the costs of the application should be borne by the tortfeasors (Third and Fourth Defendants) as the need for the application arises directly from their tort.

Court Disposition

Declarations and orders granted as sought; costs of the application to be paid by the Third and Fourth Defendants, subject to detailed assessment if not agreed.

Orders

  • Declaration that EXB lacks capacity to decide whether he should know the amount of the settlement.
  • Declaration that it is in EXB's best interests not to know the amount of the settlement.