AB v ROYAL Devon & Exeter NHS Foundation Trust [2016] EWHC 1024 (QB) (04 May 2016)

AB v ROYAL Devon & Exeter NHS Foundation Trust [2016] EWHC 1024 (QB) (04 May 2016)

The claimant's incapacity to manage his affairs and the damages award is not attributable to the defendant's negligence but to his own longstanding drug abuse and personality disorder. Losses arising from incapacity due to drug abuse are irrecoverable by reason of ex turpi causa non oritur actio. The damages are to be assessed on the basis of the agreed liability compromise, with provision for a period of protected party management until initial arrangements are made, after which capacity may return if abstinence is maintained.

Citation
[2016] EWHC 1024
Parties
Claimant: AB; Litigation Friend for Claimant: CD; Defendant: Royal Devon & Exeter NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
04 May 2016
Procedural Posture
Personal Injury/clinical Negligence / Quantum Trial Following Liability Compromise
Outcome
Damages to be assessed on the basis of the liability compromise; incapacity-related losses due to drug abuse are irrecoverable; period of protected party management ordered for one year post-award.
Legal Topics
Assessment of Damages, Ex Turpi Causa Non Oritur Actio, Mental Capacity Act 2005, Personal Injury Quantum, Illegality Defence
Tort Law Medical Negligence Mental Capacity Assessment of Damages Ex Turpi Causa Non Oritur Actio Mental Capacity Act 2005 Personal Injury Quantum Illegality Defence

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Parties

AB

Claimant

CD

Litigation Friend for Claimant

Royal Devon & Exeter NHS Foundation Trust

Defendant

Procedural Posture

Personal Injury/clinical Negligence / Quantum Trial Following Liability Compromise

Legal Issues

  1. 1 Whether the claimant's incapacity to manage damages is attributable to the defendant's negligence or to his own drug abuse
  2. 2 Whether losses arising from incapacity due to drug abuse are irrecoverable by reason of ex turpi causa non oritur actio
  3. 3 Assessment of quantum for catastrophic spinal injury in context of pre-existing drug abuse and psychological disorder

Ratio Decidendi

The claimant's incapacity to manage his affairs and the damages award is not attributable to the defendant's negligence but to his own longstanding drug abuse and personality disorder. Losses arising from incapacity due to drug abuse are irrecoverable by reason of ex turpi causa non oritur actio. The damages are to be assessed on the basis of the agreed liability compromise, with provision for a period of protected party management until initial arrangements are made, after which capacity may return if abstinence is maintained.

Court Disposition

Damages to be assessed on the basis of the liability compromise; incapacity-related losses due to drug abuse are irrecoverable; period of protected party management ordered for one year post-award.

Orders

  • Damages to be assessed at 60% of full quantum as per compromise.
  • Interim payments totalling £264,586.45 to be deducted from final award.