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February 21, 2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
Judgment
Mr Justice Tugendhat :
I order (pursuant to CPR r39.2(4)) that the identity of the Claimant and Litigation Friend must not be disclosed. That is necessary to protect the interests of this Claimant who is a child (born on 29 February 2000), and it is in the interests of justice.
The legal representatives of the Claimant apply to the Court for directions. The circumstances are as follows.
The Defendants have not been served with notice of this application, but the Litigation Friend, who is the Claimant’s father, has been served. However, he has not attended, although I am satisfied that he is aware of this hearing.
On 29 May 2004, when he was aged 4, the Claimant fell from the window of the flat where he was living with his mother and sister. He suffered serious orthopaedic injuries from which he has recovered.
On 15 February 2011 the Court approved the settlement between the parties on the issue of liability, and judgment was entered for damages to be assessed on the basis of the apportionment agreed and approved.
The Claimant has the benefit of Legal Aid for the pursuit of this claim.
By orders dated 13 December 2011 and 12 December 2012 the Master stayed these proceedings, first until 6 December 2012 and then until 19 December 2013. He also ordered an interim payment of £10,000.
There is no dispute that the Claimant has demonstrated some evidence of impaired school progress and that he is hyperactive. There have been a number of expert reports prepared.
Dr Gross and Dr Baldwin were instructed for the Claimant. Dr Gross is a Consultant Neurologist, and he has reported on 22 April 2008, September 2012 and by letter dated 25 October 2012. Dr Baldwin is a Consultant Educational Psychologist and Neuropsychologist. His reports were made in December 2008, January 2011 and September 2012. The Claimant also has the benefit of a report from an Occupational Therapist made in April 2010, but the assessment of the Claimant’s need in that report does not extend beyond 2013.
Dr Baldwin concluded that “in all probability [the Claimant] suffered an acquired brain injury most probably affecting the left hemisphere and language function”. Dr Gross concluded that “it is very likely … that there is significant brain impairment and that the accident is responsible”.
Dr Rosenbloom and Dr Reed were instructed for the Defendant. Dr Rosenbloom made a paediatric neurology report dated 7 March 2011. He accepted that there is some evidence that the Claimant’s i
AI Generated Summary
This judgment concerns a legally aided personal injury claim brought by a child who fell from a window in 2004, suffering serious orthopaedic injuries and later exhibiting educational and behavioral difficulties. The claimant’s father acts as Litigation Friend. Liability was settled and approved in 2011; proceedings were stayed twice and an interim payment ordered. Experts for the claimant (Dr Gross and Dr Baldwin) opined probable acquired brain injury affecting language, while experts for the defendants (Dr Rosenbloom and Dr Reed) disagreed, attributing impairments to pre-injury functioning and social factors. The claimant’s parents were unwilling to cooperate or implement recommended support and pushed for early settlement. On a directions application, the court ordered anonymity under CPR r39.2(4) and concluded the best course was to negotiate settlement based on existing evidence under the Litigation Friend’s instructions. The court later approved the settlement reached in December 2013.