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PI Brief Update

CXC (a protected party by her litigation friend BXB) v (1) David Clarke, (2) EUI Limited [2024] EWHC 3138 (KB) - Philip Matthews, Temple Garden Chambers

22/01/25. CXC considers the use of intermediaries to assist vulnerable witnesses to give evidence in personal injury proceedings.

Background

On 16 September 2007, the Claimant (who was then 20-years-old) was involved in an RTA whilst a passenger in a car driven by the First Defendant. As a result of the admitted negligence, the Claimant suffered a severe brain injury and other injuries, including a fracture to her jaw. The claim was settled on 25 May 2009 – before issue – in the sum of £25,000.

Subsequently, the Claimant sought an order that this settlement be set aside on the basis that she lacked capacity to conduct litigation from 2007. The issue of capacity at that time was firmly disputed by the Defendant. Complicating matters further was the fact that the Claimant was involved in a further RTA in 2016, sustaining injuries which may also have impacted her capacity.

The Application

In this context, the Claimant’s solicitors made an application for permission to obtain a report from a registered intermediary to advise on how the Claimant would best be able to engage in the proceedings, and for an order that HMCTS pay the...

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All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

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.