WNA v NDP [2023] EWHC 2970 (KB) (22 November 2023)

WNA v NDP [2023] EWHC 2970 (KB) (22 November 2023)

Annual periodical payments for care and case management are to be treated as damages relating solely to the care and case management provided during the relevant year. Any surplus at the end of a year belongs to the claimant, with no obligation to accumulate or carry it forward to offset future care costs before seeking state funding. This approach aligns with the annual accounting periods of both PPOs and state funding, and avoids unnecessary administrative burdens or lifelong accounting obligations for the claimant.

Citation
[2023] EWHC 2970 (KB)
Parties
Claimant: WNA; Defendant: NDP
Jurisdiction
England and Wales
Judgment Date
22 November 2023
Procedural Posture
Personal Injury Catastrophic Injury Quantum Assessment / Judgment on Quantum Following Earlier Liability Determination
Outcome
Claim allowed on quantum; periodical payments order and lump sum approved with annual accounting for care and case management costs.
Legal Topics
Double Recovery, Periodical Payments Order, Damages Assessment, State Funding and Care Costs, Catastrophic Injury, Care Act 2014, Damages Act 1996
Personal Injury Tort Law Civil Procedure Double Recovery Periodical Payments Order Damages Assessment State Funding and Care Costs Catastrophic Injury +2 more

Case Brief

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Parties

WNA

Claimant

NDP

Defendant

Procedural Posture

Personal Injury Catastrophic Injury Quantum Assessment / Judgment on Quantum Following Earlier Liability Determination

Legal Issues

  1. 1 Whether annual periodical payments for care and case management must be treated as a running account or as discrete annual sums for the purposes of double recovery and state funding
  2. 2 How to structure the order to avoid double recovery if the claimant seeks state funding for care in future years

Ratio Decidendi

Annual periodical payments for care and case management are to be treated as damages relating solely to the care and case management provided during the relevant year. Any surplus at the end of a year belongs to the claimant, with no obligation to accumulate or carry it forward to offset future care costs before seeking state funding. This approach aligns with the annual accounting periods of both PPOs and state funding, and avoids unnecessary administrative burdens or lifelong accounting obligations for the claimant.

Court Disposition

Claim allowed on quantum; periodical payments order and lump sum approved with annual accounting for care and case management costs.

Orders

  • Lump sum of £6,250,000 awarded as a provisional award to reflect risk of syrinx development, with liberty to apply for further damages if that risk materialises.
  • Annual periodical payment of £325,000 for care and case management, index-linked to ASHE 6135 and 6136.