XS1 (A Child Proceeding by her Mother and Litigation Friend XS2) v West Hertfordshire Hospitals NHS Trust
[2024] EWHC 1865 (KB)
DBH v North Lincolnshire And Goole NHS Foundation Trust
25 October 2024
[2024] EWHC 2652 (KB)
High Court
A seriously injured child needed a new home. The judge agreed he needed one and gave the family a large amount of money to buy a house now. However, there wasn't enough evidence to show the judge the house was a reasonable price, so the judge didn't give them extra money to buy the most expensive house that they wanted.
Key Facts
- •Claim for interim payments for a child (DBH) with cerebral palsy due to admitted medical negligence.
- •Claim stayed until July 2027, quantum trial unlikely before July 2029.
- •Claimant seeks £2,200,000 for property purchase and therapies.
- •Parties agree claimant's current accommodation is unsuitable and new home preferable to rental.
- •No dispute between experts on the need for rehousing.
- •Claimant's life expectancy estimated at 51 for the purpose of this application.
- •Parties agree on legal principles governing interim payments, based on *Eeles v Cobham Hire Services Limited* [2009] EWCA Civ 204 and *XS1 v West Hertfordshire Hospitals NHS Trust* [2024] EWHC 1865(KB).
Legal Principles
Assessment of heads of loss for interim payments (Eeles Limb 1): Pain, suffering, loss of amenity, past losses, interest, accommodation costs.
Eeles v Cobham Hire Services Limited [2009] EWCA Civ 204
Consideration of additional future loss in Eeles Limb 1: Only if real need, not desire; sum must be reasonable; conservative assessment.
Eeles v Cobham Hire Services Limited [2009] EWCA Civ 204
Eeles Limb 2: Assessment if unjust not to permit funding for a move now, considering the real need and reasonableness of costs.
Eeles v Cobham Hire Services Limited [2009] EWCA Civ 204
Court's role in interim payment decisions: Avoid keeping claimant out of entitled money; avoid overpayment; consider potential impact on final award.
Eeles v Cobham Hire Services Limited [2009] EWCA Civ 204 and XS1 v West Hertfordshire Hospitals NHS Trust [2024] EWHC 1865(KB)
Calculation of accommodation costs: *Swift v Carpenter* [2020] EWCA Civ 1295 formula to avoid windfall to claimant's estate.
Swift v Carpenter [2020] EWCA Civ 1295
Outcomes
Interim payment awarded under Eeles Limb 1: £2,193,810.39 (after deduction of previous interim payments).
Conservative valuation of claimant's needs, considering past and projected losses (for 12 months only). Court accepted a 90% proportion of the calculated conservative valuation as reasonable.
Eeles Limb 2 claim refused.
Insufficient evidence to deem the cost of the claimant's chosen property reasonable. Lack of comparable expert evidence from the claimant's side.