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18 January 2007 / Brent Mcdonald
Issue: 7256 / Categories: Features , Personal injury
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Personal injury update

Periodical payments >>
Abuse and recovery >>
Second actions >>

PERIODICAL PAYMENTS

In Lee Thompstone v Tameside & Glossop Acute Services NHS Trust [2006] EWHC 2904 (QB), [2006] All ER (D) 333 (Nov) the court was asked to determine the most appropriate index to be applied.

The claimant, aged seven at the date of judgment, was a sufferer of spastic quadriplegic cerebral palsy. Both parties agreed this was as a result of anoxia at birth. The NHS trust admitted liability and causation, leaving only quantum to be determined.

Although the amount and cost of future care Thompstone would need over the course of his lifetime had been determined at a previous hearing, no agreement could be reached about the proper form of award. Mr Justice Swift was asked to decide whether an order for periodical payments in respect of the costs of future care should be varied either by reference to the retail price index (RPI), pursuant to s 2(8) of the Damages Act 1996 (DA 1996), or whether pursuant to s 2(9) the

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MOVERS & SHAKERS

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson recruits regulatory experts Caroline Barker and Tom Walker to bolster health, government and corporates practices

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Partner and paralegals bolster clinical negligence team at Jackson Lees Group

Stone King—Manchester

Stone King—Manchester

Stone King triples Manchester footprint with office move as law firm’s rapid growth journey continues

NEWS
The Court of Appeal has overturned the convictions of five Barclays LIBOR/EURIBOR traders—demonstrating the dangers of removing jury trial from serious fraud cases, according to a solicitor acting in the case
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
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