QXB v University Hospitals Plymouth NHS Trust
[2023] EWHC 1760 (KB)
AXA v Airedale NHS Foundation Trust
2 October 2024
[2024] EWHC 2499 (KB)
High Court
A baby suffered brain damage due to hospital mistakes during birth. The hospital admitted fault. A judge approved a large settlement to cover the child's lifelong care needs, ensuring the money is paid out in a way that best supports the child in the future.
Key Facts
- •Claimant: AXA (child), suing by father (litigation friend)
- •Defendant: Airedale NHS Foundation Trust
- •Claim: Personal injury due to clinical failures during childbirth (April 2019)
- •Injuries: Cerebral palsy with dystonia, restricted mobility, impaired communication
- •Liability: Admitted by defendant (1 April 2021)
- •Judgment entered for Claimant (13 January 2022)
- •Settlement: £5,750,000 lump sum + periodical payments (£147,500, £305,000, £350,000 for care and case management; £13,500 for deputy costs) - Total: £16,707,835
- •Claimant's schedule of loss (capitalised): £19,179,165
- •Defendant's counter-schedule of loss (capitalised): £14,198,492
Legal Principles
Court approval of settlement required for child claimants under CPR 21.2(2)
CPR 21.2(2)
Court must act in the best interests of the child and in the interests of justice, having regard to the overriding objective.
Inherent jurisdiction of the court
When periodical payments are included, the court considers appropriateness of the payment structure to meet the claimant's needs (considering factors in the practice direction)
Practice Direction
Outcomes
Court approves the settlement of £16,707,835.
Settlement is within a reasonable range of damages, periodical payments are advantageous, and it is in the claimant's best interests.