National Health Service Litigation Authority (Part 8 Claim - ASHE 6115 and the Second Reclassification), Re

National Health Service Litigation Authority (Part 8 Claim - ASHE 6115 and the Second Reclassification), Re

The declaration is granted to clarify that, upon a second or subsequent reclassification of ASHE 6115, the rebasing of periodical payments must use 'AR' (the previously rebased hourly rate) rather than 'A' (the original rate at settlement), ensuring the formula accurately reflects earnings growth and avoids unintended overpayment.

Parties
Claimant: National Health Service Litigation Authority; Advocate to the Court: Robin Oppenheim KC
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Part 8 Claim / Final Judgment
Outcome
declaration granted
Legal Topics
Periodical Payments Order, Indexation, Reclassification of ASHE 6115, Declaratory Relief
Personal Injury Damages Periodical Payments Order Indexation Reclassification of ASHE 6115 Declaratory Relief

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Parties

National Health Service Litigation Authority

Claimant

Robin Oppenheim KC

Advocate to the Court

Procedural Posture

Part 8 Claim / Final Judgment

Legal Issues

  1. 1 clarification of paragraph 6.1.3 of the model PPO schedule following second reclassification of ASHE 6115 by ONS
  2. 2 proper formula for indexation after multiple reclassifications

Ratio Decidendi

The declaration is granted to clarify that, upon a second or subsequent reclassification of ASHE 6115, the rebasing of periodical payments must use 'AR' (the previously rebased hourly rate) rather than 'A' (the original rate at settlement), ensuring the formula accurately reflects earnings growth and avoids unintended overpayment.

Court Disposition

declaration granted

Orders

  • Paragraph 6.1.3 of the model PPO schedule is amended to add: 'and A will be the numerical value of AR calculated when reclassification last occurred.'
  • No requirement for formal amendment of all existing orders; claimants or Deputies may object if directly affected.