LP v Wye Valley NHS Trust

LP v Wye Valley NHS Trust

A further interim payment of £350,000 is ordered as a reasonable proportion of the conservatively assessed likely damages, including accommodation costs calculated using an alternative rate of return, due to the claimant's real and immediate need for suitable accommodation and care resulting from the defendant's admitted negligence.

Parties
Claimant: Mrs LP; Litigation Friend: MP; Defendant: Wye Valley NHS Trust
Jurisdiction
England and Wales
Judgment Date
22 November 2018
Procedural Posture
Civil / Interim Payment Application
Outcome
Further interim payment granted
Legal Topics
Interim Payments, Damages Assessment, Accommodation Costs, Liability Apportionment
Personal Injury Medical Negligence Interim Payments Damages Assessment Accommodation Costs Liability Apportionment

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Parties

Mrs LP

Claimant

MP

Litigation Friend

Wye Valley NHS Trust

Defendant

Procedural Posture

Civil / Interim Payment Application

Legal Issues

  1. 1 Whether the claimant is entitled to an interim payment for accommodation and care costs
  2. 2 Appropriate assessment of damages for pain, suffering, loss of amenity, past and future care, and accommodation
  3. 3 Application of Roberts v Johnstone and alternative approaches to accommodation costs under negative discount rates

Ratio Decidendi

A further interim payment of £350,000 is ordered as a reasonable proportion of the conservatively assessed likely damages, including accommodation costs calculated using an alternative rate of return, due to the claimant's real and immediate need for suitable accommodation and care resulting from the defendant's admitted negligence.

Court Disposition

Further interim payment granted

Orders

  • Defendant to pay £350,000 to claimant within 14 days
  • Parties to agree terms of order reflecting judgment