ZAH (a child) v YAY
Henry Vanderpump, led by James Rowley KC of Byrom Street Chambers, secured a settlement of a catastrophic injury claim for a capitalised value of £7.3M. This was a tragic case involving a most severe TBI for a two-year-old passenger (eight by settlement). The mean expectation of life is only 23. HHJ Bird, sitting as a Judge of the High Court in Manchester, approved the settlement on 23 May 2025. The Claimant secured stepped PPOs for care and case management from a general insurer. The steps were £190,000 (9), £252,500 (11), £270,000 (16), £390,000 (19+) with a lump sum for all other heads of damage of £3,500,000.
A notable feature of the case was the degree of collaboration between the parties, with a pathway for final settlement negotiations agreed upon at an early WFM attended by leading counsel. Proceedings were issued solely to secure approval of the settlement. There was significant cooperation between the parties in securing expert evidence, with joint experts reporting on non-controversial areas of quantum and the primary medical evidence from a paediatric neurologist elicited by reference to a report from a highly respected expert supplemented by Part 18 type questions. The areas of mutual expert reporting was limited to care, accommodation and equipment needs. The Claimant agreed to account to the Insurer for Statutory funding received at the time of the next PPO payment.
Henry and James were instructed by Smart Law.
