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PI Brief Update

BJB, In the Matter of [2024] EWCOP 59 (T2) - Philip Matthews, Temple Garden Chambers

19/11/24. Date of judgment: 24 October 2024

In BJB, In the Matter of [2024] EWCOP 59 (T2) the Court of Protection considered a seriously injured party’s application to be released from a ‘Peters undertaking’. As Hilder J noted, this is one of a growing number of applications for release from such undertakings, perhaps reflective of the “natural evolution of the circumstance of persons bound by them” (§50).

Background

The underlying case arises from a hypoxic brain injury sustained by BJB at birth in 1994, causing cerebral palsy. Now in her thirties, BJB uses a powered wheelchair, relies on communication aids and needs help with all activities of daily living.

The damages claim was brought in 2003, with BJB’s father acting as her Litigation Friend. The claim succeeded on liability, but was then appealed. In 2009, an agreed settlement was approved on a 98% liability basis (the 2% deduction was apparently agreed to avoid the risks and costs attendant on the appeal).

The approved award was constructed in two parts: i) a lump sum payment of approximately 1.4 million; and ii) index-linked periodical payments (currently in the region of £132,000 per year).

The Peters Undertaking

Attached to the approval of the above settlement was a further Order – following the blue-print set out in...

Image ©iStockphoto.com/webphotographeer

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The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.