Hailsham barristers pioneer innovative use of periodical payments in £4.7m High Court settlement
April 2010
In the high-profile case of Ryan St George-v-the Home Office, David Pittaway QC and Jane Tracy Forster of Hailsham Chambers, have secured £4.7m to provide for the Claimant's long term care. The settlement includes, for what is believed to be the first time, annual periodical payments for rent.
The trial of the action on liability, in which Mr St George claimed damages for neurological injury sustained whilst he was serving a sentence of imprisonment, was heard by Mr Justice Mackay in October 2007, when he found the Defendant was liable in negligence for Mr St George's injuries. He also found that Mr St George had contributed to his own injuries to the extent of 15% by becoming dependent upon drugs and alcohol. The Defendant appealed the finding of liability and Mr St George cross-appealed on the finding of contributory negligence. The Court of Appeal in October 2008 dismissed the Defendant's appeal and allowed Mr St George's cross-appeal. The case therefore proceeded to assessment of quantum on the basis of 100% liability.
In summary, the facts of the case were that Mr St George was sent to Brixton Prison on 29 October 1997 to serve a four month sentence for theft. On reception to the prison, healthcare staff noted his addiction to heroin, a history of alcohol abuse, and a history of epileptic fits. He was classed as fit and assigned to B Wing Ward 3, a hospital ward being used at that time as an ordinary unit for low-risk prisoners. He was placed in a top bunk. At about 1800 hours on 3 November 1997, he was sitting on his bunk when he suffered an epileptic seizure, causing him to fall from the bunk and strike his head on the hard floor. He continued to fit and was in status epilepticus. As a result of breaches of duty of the prison medical and nursing staff, he suffered a period of profound oxygen deprivation which caused extensive and permanent brain damage.
Commenting on the case, Jane Tracy Forster, said:
"A key feature of this case is the court's approval of the use of periodical payments plus a lump sum to fund accommodation requirements for the Claimant's life. The use of periodical payments to discharge the rent and running costs of an apartment, was supplemented by a lump sum contingency fund to cover the expenses of moving several times during the Claimant's lifetime, which would involve reinstatement costs and adaptation costs each time. The effect of this novel approach is to allow all other elements of the lump sum award to be used for their intended purposes and to preserve the award for general damages as a general contingency fund for the future."
Mr Justice Mackay, in approving the settlement, remarked that he hoped that more cases in the future would be settled on a similar basis.
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