D's Parent & Guardian (Ap) v Greater Glasgow Health Board [2011] ScotCS CSOH_99 (16 June 2011)

D's Parent & Guardian (Ap) v Greater Glasgow Health Board [2011] ScotCS CSOH_99 (16 June 2011)

Settlement by periodical payments, indexed to relevant wage indices (ASHE 6115 for care staff, ASHE 3211 for nursing staff), is appropriate and preferable in catastrophic injury cases to ensure fair compensation, mitigate risks of lump sum awards, and provide security for future care costs. The structure and enforceability of the agreement, including actuarial approval and mechanisms for indexation and arbitration, provide sufficient protection for the claimant.

Citation
[2011] ScotCS CSOH_99
Parties
Pursuer: D's Parent and Guardian (AP); Defender: Greater Glasgow Health Board
Jurisdiction
Scotland
Judgment Date
16 June 2011
Procedural Posture
Medical Negligence—personal Injury—catastrophic Birth Injury / Proof Restricted to Quantum; Settlement After Liability Admitted
Outcome
Action settled by agreement; decree pronounced in terms of Joint Minute and Settlement Agreement.
Legal Topics
Catastrophic Injury Compensation, Periodical Payments, Lump Sum Awards, Indexation of Damages, Settlement Agreements
Medical Negligence Personal Injury Damages Catastrophic Injury Compensation Periodical Payments Lump Sum Awards Indexation of Damages Settlement Agreements

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Parties

D's Parent and Guardian (AP)

Pursuer

Greater Glasgow Health Board

Defender

Procedural Posture

Medical Negligence—personal Injury—catastrophic Birth Injury / Proof Restricted to Quantum; Settlement After Liability Admitted

Legal Issues

  1. 1 Appropriate method of compensating catastrophic injury—lump sum vs periodical payments
  2. 2 Security and indexation of periodical payments in Scotland
  3. 3 Enforceability and structure of settlement agreements for minors

Ratio Decidendi

Settlement by periodical payments, indexed to relevant wage indices (ASHE 6115 for care staff, ASHE 3211 for nursing staff), is appropriate and preferable in catastrophic injury cases to ensure fair compensation, mitigate risks of lump sum awards, and provide security for future care costs. The structure and enforceability of the agreement, including actuarial approval and mechanisms for indexation and arbitration, provide sufficient protection for the claimant.

Court Disposition

Action settled by agreement; decree pronounced in terms of Joint Minute and Settlement Agreement.

Orders

  • Payment of lump sum (amount redacted) less interim payments, with interest.
  • Payment of annual periodical payments for care and nursing costs, indexed to ASHE wage indices, for claimant's lifetime.