LP v Wye Valley NHS Trust [2018] EWHC 3039 (QB) (22 November 2018)

LP v Wye Valley NHS Trust [2018] EWHC 3039 (QB) (22 November 2018)

A further interim payment of £350,000 is justified as a reasonable proportion of a conservative estimate of likely final damages, including accommodation costs calculated using a 1.3% rate in light of the negative discount rate, to meet the claimant's real and immediate needs for suitable housing and care following...

Source-derived case information.

Citation
[2018] EWHC 3039 (QB)
Parties
Claimant: Mrs LP; Defendant: Wye Valley NHS Trust
Jurisdiction
England and Wales
Judgment Date
22 November 2018
Procedural Posture
Personal Injury / Clinical Negligence / Application for Interim Payment Pending Final Judgment
Outcome
Application granted in part
Legal Topics
Interim Payments, Damages Assessment, Accommodation Costs, Periodical Payment Orders (ppo), Liability Apportionment
Tort Law Medical Negligence Civil Procedure Interim Payments Damages Assessment Accommodation Costs Periodical Payment Orders (ppo) Liability Apportionment

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Summary, issues, holding and outcome

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Parties

Mrs LP

Claimant

Wye Valley NHS Trust

Defendant

Procedural Posture

Personal Injury / Clinical Negligence / Application for Interim Payment Pending Final Judgment

Legal Issues

  1. 1 Whether the claimant is entitled to an interim payment of £400,000 for future care and accommodation
  2. 2 How to conservatively assess the likely amount of final judgment for interim payment purposes
  3. 3 Whether capital accommodation costs are recoverable given the negative discount rate

Ratio Decidendi

A further interim payment of £350,000 is justified as a reasonable proportion of a conservative estimate of likely final damages, including accommodation costs calculated using a 1.3% rate in light of the negative discount rate, to meet the claimant's real and immediate needs for suitable housing and care following admitted clinical negligence.

Court Disposition

Application granted in part

Orders

  • Defendant to pay a further interim payment of £350,000 to the claimant within 14 days
  • Parties to agree the terms of the order reflecting the judgment, including costs; if not, written submissions to be filed 72 hours before judgment hand-down