Zac (Minor) v The Estate of A (Deceased)

Simon Thomas and Eleanor Davies acted for the Plaintiff in a catastrophic personal injury case Zac (A Minor) vs The Estate of A (deceased) which saw the Royal Court make a periodical payment order for the first time under the Damages (Jersey) Law, 2019.    In making the order the Court commented on the appropriateness of periodical payment orders, particularly in cases where a severely injured Plaintiff had a long life expectancy and ongoing future needs.

Because the case settled, one key issue remains to be resolved, namely whether a Plaintiff who is awarded part of his/her damages by way of a lump sum can claim for charges incurred in investing that sum over their lifetime in order to generate the income they require.  This was identified by the Master at an interlocutory stage as an issue that needed to be determined by the Royal Court, but final resolution will now have to await another case where the argument arises.

The Baker & Partners team were instructed by Advocate Zoe Blomfield of Viberts as delegate for the Plaintiff along with Scott Rigby from Stewarts Law and William Audland QC and Gemma Scott of 12 KBW.   The case is a good example of a number of legal professionals working together in a highly complex case.   It also evidences Baker & Partners’ increasing involvement in high-value personal injury claims.

A fuller briefing will be available over the coming weeks.