Haynes v Kingston Hospital NHS Trust
2014
QUEEN’S BENCH DIVISION
United Kingdom
CORAM
- HIS HONOUR JUDGE RICHARD PARKES QC
Areas of Law
- Civil Procedure
2014
QUEEN’S BENCH DIVISION
United Kingdom
CORAM
AI Generated Summary
The case involves an application under CPR rule 25.7 for an interim payment of £1.6 million by Alanni Haynes, an eight-year-old girl with profound disabilities caused by the defendants’ negligence. The family urgently needed to move due to their current rented property being on the market. The court evaluated the necessity and reasonableness of the expenditure for the new accommodation. The court, convinced of the urgent need and reasonable necessity, ordered the interim payment of £1.6 million, considering that the likely capital award at trial would be at least £3 million. The decision was based on the principles laid out in the case of Eeles v Cobham Hire Services Ltd and CPR 25.7.
Judgment
HHJ Richard Parkes QC :
This is an application under CPR rule 25.7 for an interim payment of £1.6 million.
The claimant, Alanni Haynes, is an eight-year-old girl with profound disabilities. She has cerebral palsy, with cognitive impairment and impaired mobility; she has significant learning, behavioural and communication problems; and she is entirely dependent on others for her care, the activities of daily living, and safety. Her likely life expectancy is such that she may be expected to live until about the age of 74. Her injuries were caused by the defendants’ admitted negligence in the management of her mother's labour and in her delivery. Judgment on liability was entered on 3 August 2012. The proceedings are now at an advanced stage, with service of a detailed schedule and counter schedule and the exchange of expert evidence from a variety of medical and non-medical experts. A settlement meeting took place on 13 May 2014 at which the issues were narrowed. The claims for general damages, past losses, and interest have since been agreed. Trial of the remaining issues is fixed for 20 October 2014.
The defendant has already made substantial interim payments in the total sum of £700,000. These have been used to meet the claimant's ongoing needs, including the appointment of a case manager, recruitment of professional carers, and provision of temporary accommodation and specialist equipment. A professional deputy (Julie Burton of Penningtons) has been appointed, and oversees expenditure. A total of some £328,000 remains on account, which is expected to be required to meet the claimant's continuing care and other needs until trial as well as to start the process of adapting the alternative property that is said to be urgently required. The sum now sought would take the total interim payments to £2,300,000. By CPR 25.7 (4), the court must not order an interim payment of more than a reasonable proportion of the likely amount of the final judgment.
The interim payment now sought arises out of the claimant's requirement for suitable accommodation. The family used to live at 40 Tolworth Park Road, Surbiton, which, as the defendant accepts, was not suitable for the claimant's needs. They then moved to a rented property at 61 Ditton Road, where they now live. Unfortunately, the property has been put on the market by its owner at a recently reduced price, and two months’ notice to quit will be given once an offer is accepted. So it is plain, and commo