Source: All England Reporter
Publisher Citation: [2006] All ER (D) 187 (Apr)
Neutral Citation: [2006] EWHC 820 (QB)
Court: Queen's Bench Division
Judge:

Forbes J

Representation Adrian Whitfield QC and Robin Oppenheim (instructed by Davies & Partners) for the claimant in the first case.
  Michael de Navarro QC (instructed by Bevan Brittan) for the first defendant in the first case.
  Elisabeth Laing (instructed by the Departmental Solicitor) for the Secretary of State in the first case.
  Susan Rodway QC and Timothy Petts (instructed by Anthony Gold) for the claimant.
  Paul Rees QC (instructed by Kennedys) for the first defendant in the second case.
  Elisabeth Laing (instructed by the Departmental Solicitor) for the Secretary of State in the second case.
Judgment Dates: 12 April 2006

Catchwords

Damages - Personal injury - Future pecuniary loss - Settlement - Periodical payments by National Health Service Foundation Trust - Model form of order for periodical payments - Whether judge satisfied that continuity of payment is reasonably secure.

The Case

The various arrangements and agreements concluded between the National Health Service Litigation Authority (NHSLA), which administered the Clinical Negligence Scheme for Trusts covering liability for alleged clinical negligence occurring on or after 1 April 1995, and the parties and between the NHSLA and the second defendant Secretary of State had overcome the essential difficulty and dealt satisfactorily with the perceived lacuna, that periodical payments by a NHS Foundation Trust would not be reasonably secure, because they had ensured that the NHSLA was the effective source of the periodical payments made under each of the orders and that, if necessary, each order could be directly enforced against the NHSLA. Accordingly, the continuity of the payments was reasonably secure as required by s2(3) of the . A model form of order appended to the court's judgment incorporated the necessary recitals and terms required by the arrangements implemented in the proceedings for adaptation and use in similar cases.

Practice Areas

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