Mary Ruck - Judgments on a case involving a highly vulnerable claimant rendered paraplegic where the judge found the presumption of capacity was not overturned

6th July 2022

Mary Ruck argued multiple issues, in front of HHJ Bird sitting as High Court Judge, on behalf of a highly vulnerable claimant who had been rendered paraplegic from clinical negligence and where the judge found the presumption of capacity was not overturned.

In a trio of judgments, two reported and one given extempore, the Learned Judge addressed issues arising on a trial on quantum. He awarded a full care package, providing the ability to toilet at will. He declined to award an anonymity order on the basis of the claimant’s vulnerability and risk of financial coercion. He awarded a periodical payments order in favour of the Claimant, against trenchant opposition by the Defendant, but made a variation under the Damages (Variation of Periodical Payments) Order 2005.  

Finally, he declined to award compensation for Personal Injury Trust Management costs; the Claimant has decided not to appeal that decision.  

To view the Judgment dated 11th March 2022 - Please Click Here

To view the Judgment dated 12th November 2021 - Please Click Here 

Associated Members