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David Heaton QC and Andrew Lewis QC - Isle of Man


27th November 2019

 XXX v DEPARTMENT OF HEALTH AND SOCIAL CARE

FIRST PPO ON THE ISLE OF MAN

 

On 6th November 2019 Andrew Lewis QC represented the Claimant and David Heaton QC the Defendant before Deemster Needham in the High Court of the Isle of Man in Douglas at an approval hearing of a high value settlement in a clinical negligence claim arising from brain injury resulting from avoidable birth trauma involving periodical payments for damages for future care and case management. This was the first occasion on which an order approving periodical payments of future heads of expenses and losses had been made in the Isle of Man. 

 

As a result of this claim and advice given to the Defendant during the case, Tynwald had amended the High Court Act 1991 and approved the Income Tax (Periodical Payments)(Temporary Taxation) Order 2019 in order to provide for a similar jurisdiction to that in England and Wales under the Damages Act 1996 as amended. Consequential changes were also made to the Rules of the High Court of Justice of the Isle of Man.



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