EXB v FDZ & Ors

EXB v FDZ & Ors

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 not to be informed of the sum. The court has jurisdiction to make a declaration and order prohibiting disclosure, and the costs of the application should be borne by the tortfeasors as the need for the application arises directly from the injury caused.

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 Application / Post Settlement Application for Best Interests Determination and Costs Order
Outcome
Application granted
Legal Topics
Best Interests Determination, Mental Capacity Act 2005, Protected Party Settlement, Non Disclosure of Settlement Sum, Deputy Powers, Costs in Court of Protection
Personal Injury Mental Capacity Court of Protection Best Interests Determination Mental Capacity Act 2005 Protected Party Settlement Non Disclosure of Settlement Sum Deputy Powers +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 Application / Post Settlement Application for Best Interests Determination 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 should be prohibited from disclosing the settlement amount to 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 not to be informed of the sum. The court has jurisdiction to make a declaration and order prohibiting disclosure, and the costs of the application should be borne by the tortfeasors as the need for the application arises directly from the injury caused.

Court Disposition

Application granted

Orders

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