AC v Farooq & Anor

AC v Farooq & Anor

The claimant is permanently incapable of independent living due to severe frontal lobe injury and associated cognitive and physical deficits. She requires ongoing daily support, with a structured programme, and cannot be left entirely alone. Damages are awarded to meet her reasonable needs, factoring in the likely gradual transition from family-provided to commercial care, with provision for contingencies. The award is structured in three stages, reflecting the expected evolution of care needs, and is to be paid by periodical payments subject to further submissions.

Parties
Claimant: AC (A protected Party and by her Litigation Friend, the Official Solicitor); Defendant: Omar Farooq; Defendant: The Motor Insurers Bureau
Jurisdiction
England and Wales
Judgment Date
30 July 2012
Procedural Posture
Personal Injury / Judgment on Quantum (assessment of Damages)
Outcome
Claim allowed in part; damages for future care and case management assessed and to be paid by periodical payments, subject to further submissions.
Legal Topics
Assessment of Damages, Mental Capacity, Future Care Costs, Gratuitous Care, Periodical Payments
Tort Law Personal Injury Assessment of Damages Mental Capacity Future Care Costs Gratuitous Care Periodical Payments

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Parties

AC (A protected Party and by her Litigation Friend, the Official Solicitor)

Claimant

Omar Farooq

Defendant

The Motor Insurers Bureau

Defendant

Procedural Posture

Personal Injury / Judgment on Quantum (assessment of Damages)

Legal Issues

  1. 1 What is the extent of the claimant's physical and cognitive disability?
  2. 2 What are the claimant's reasonable future care and case management needs?
  3. 3 Is the claimant entitled to damages for both organic and non-organic impairment?

Ratio Decidendi

The claimant is permanently incapable of independent living due to severe frontal lobe injury and associated cognitive and physical deficits. She requires ongoing daily support, with a structured programme, and cannot be left entirely alone. Damages are awarded to meet her reasonable needs, factoring in the likely gradual transition from family-provided to commercial care, with provision for contingencies. The award is structured in three stages, reflecting the expected evolution of care needs, and is to be paid by periodical payments subject to further submissions.

Court Disposition

Claim allowed in part; damages for future care and case management assessed and to be paid by periodical payments, subject to further submissions.

Orders

  • Damages for future care and case management awarded as follows: £55,000 per annum for 5 years, £90,000 per annum for the next 5 years, and £99,550 per annum thereafter for life, subject to further submissions on periodical payments, life expectancy, and multipliers.
  • Further submissions invited on the form of the order and any lump sum conversion if required.