XS1 (A Child Proceeding by her Mother and Litigation Friend XS2) v West Hertfordshire Hospitals NHS Trust
[2024] EWHC 1865 (KB)
Richard Dee v Welsh Ambulance Services NHS Trust & Ors
14 November 2023
[2023] EWHC 2765 (KB)
High Court
A man was badly hurt after an accident. He sued the ambulance service and hospitals, saying they made his injuries worse. Even though there's a debate about how bad his injuries were initially, a judge decided the healthcare providers were at fault and gave him some money now to help him while his case continues.
Key Facts
- •Mr. Richard Dee suffered a catastrophic spinal cord injury and severe pressure sores after falling from a scooter.
- •The claim is against three defendants: Welsh Ambulance Services NHS Trust, Hywel DDA University Health Board, and Swansea Bay University Health Board.
- •The defendants dispute liability except for limited admissions by the ambulance service.
- •The claimant seeks an interim payment due to unsatisfactory living conditions.
- •The claimant's Schedule of Loss totals over £7 million.
Legal Principles
Interim payments are an exception to the general principle that a defendant doesn't pay damages until liability is established.
CPR 25.6-9
On an interim payment application, there should be no mini-trial. If a defendant doesn't provide evidence on contributory negligence or causation, a judge can award an interim payment based on the claimant's evidence.
White Book, Volume 2, section 15, paragraphs 99 to 128
The judge should hypothetically assume the role of the trial judge and determine if they would be satisfied (to the civil standard) that the claimant would obtain judgment for a substantial amount of money.
Test Claimants in F11 Group Litigation v Revenue & Customs Commissioners [2012] EWCA Civ 57
The claimant bears the burden of proof and must satisfy the standard on the balance of probabilities to a high degree.
Test Claimants in F11 Group Litigation v Revenue & Customs Commissioners [2012] EWCA Civ 57
Two-stage test for determining the amount of an interim payment: First, make a conservative estimate for each relevant head of loss. Second, discount those estimates globally to arrive at a final sum.
Eeles v Cobham [2009] EWCA Civ 24
Outcomes
Interim payment ordered.
The court found compelling evidence of breaches of duty by the defendants, causing deterioration in Mr. Dee's upper limb function and the development of pressure sores. The court was satisfied (to a high degree) that the claimant would succeed at trial on these points. Although there were disputes on the precise nature and extent of the initial injury, the court found sufficient evidence to justify an interim payment.
Interim payment amount: £109,006.96
This amount is a discounted sum based on conservative estimates of losses related to upper limb injury and the pressure sore, considering pain, suffering, loss of amenity, past losses, and interest.