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 is not caused by the defendant's tort but by his own pre-existing drug abuse and personality disorder. Losses flowing from incapacity are not recoverable due to ex turpi causa. The claimant is a protected party for the purposes of managing the award, but this does not increase the quantum of damages. Damages are to be assessed on a 60% basis as per the liability compromise, with periodical payments and a deputy to manage funds for at least one year post-award.

Citation
[2016] EWHC 1024 (QB)
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 assessed on a 60% basis with periodical payments; deputy to be appointed for management of funds for at least one year; claimant is a protected party for the purposes of the award.
Legal Topics
Assessment of Damages, Capacity to Litigate, Illegality (ex Turpi Causa), Personal Injury Quantum, Protected Parties
Tort Law Medical Negligence Mental Capacity Assessment of Damages Capacity to Litigate Illegality (ex Turpi Causa) Personal Injury Quantum Protected Parties

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 5
Sign in to unlock

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 tort or to his own drug abuse
  2. 2 Whether losses flowing from incapacity are irrecoverable due to ex turpi causa
  3. 3 Assessment of quantum for catastrophic injury where claimant is a protected party

Ratio Decidendi

The claimant's incapacity to manage his affairs is not caused by the defendant's tort but by his own pre-existing drug abuse and personality disorder. Losses flowing from incapacity are not recoverable due to ex turpi causa. The claimant is a protected party for the purposes of managing the award, but this does not increase the quantum of damages. Damages are to be assessed on a 60% basis as per the liability compromise, with periodical payments and a deputy to manage funds for at least one year post-award.

Court Disposition

Damages assessed on a 60% basis with periodical payments; deputy to be appointed for management of funds for at least one year; claimant is a protected party for the purposes of the award.

Orders

  • Damages to be assessed at 60% of full quantum as per liability compromise
  • Deputy to be appointed to manage damages for at least one year post-award