AB v ROYAL Devon & Exeter NHS Foundation Trust

AB v ROYAL Devon & Exeter NHS Foundation Trust

Deputyship and trust costs are irrecoverable beyond one year post-award, as incapacity after that period is attributable to probable relapse into illegal drug abuse; damages for care, equipment, accommodation, and other heads are awarded based on claimant's needs and reduced life expectancy, with periodical payments preferred; ex turpi causa excludes costs linked to illegal drug use.

Parties
Claimant: AB; Litigation Friend: CD; Defendant: Royal Devon & Exeter NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
04 May 2016
Procedural Posture
Personal Injury Tort Claim / Judgment on Quantum of Damages After Liability Compromise
Outcome
Damages awarded subject to finalisation of figures; deputyship costs allowed for one year only; periodical payments ordered for care and case management.
Legal Topics
Damages Assessment, Mental Capacity, Illegality (ex Turpi Causa), Deputyship, Life Expectancy Calculation, Periodical Payments
Tort Medical Negligence Personal Injury Damages Assessment Mental Capacity Illegality (ex Turpi Causa) Deputyship Life Expectancy Calculation +1 more

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 6 Authorities cited 21 Party arguments 2 Amounts and remedies 15
Sign in to unlock

Parties

AB

Claimant

CD

Litigation Friend

Royal Devon & Exeter NHS Foundation Trust

Defendant

Procedural Posture

Personal Injury Tort Claim / Judgment on Quantum of Damages After Liability Compromise

Legal Issues

  1. 1 Assessment of damages for paraplegia caused by medical negligence
  2. 2 Impact of claimant's mental capacity and drug abuse on recoverable losses
  3. 3 Application of ex turpi causa to deputyship and care costs

Ratio Decidendi

Deputyship and trust costs are irrecoverable beyond one year post-award, as incapacity after that period is attributable to probable relapse into illegal drug abuse; damages for care, equipment, accommodation, and other heads are awarded based on claimant's needs and reduced life expectancy, with periodical payments preferred; ex turpi causa excludes costs linked to illegal drug use.

Court Disposition

Damages awarded subject to finalisation of figures; deputyship costs allowed for one year only; periodical payments ordered for care and case management.

Orders

  • Award of £192,500 for pain, suffering and loss of amenity (provisional damages)
  • Interest of £11,550 on general damages