How is Thompstone impacting on periodical payments orders? ask Angela Piears and Hugh Potter
Oladipo Jackson Okeowo was a rear seat passenger in a car driven by the defendant on 6 July 2000 on the Woodhead Road from Holme to Holmbridge when the defendant lost control of the car, and the vehicle hit a dry stone wall. The claimant was male, aged 26 and suffered a severe traumatic brain injury. Now a patient under the court of protection he needs constant nursing care. He is dependant upon the provisions of the financial settlement to meet his care and case management costs for the rest of his life.
On 6 February 2006 Mr Justice Mitting approved an initial agreement which had been achieved between the parties for a lump sum payment of £2.1m and periodical payments of £110,000 a year, the final funding and terms of which were left to be determined at a later date.
The agreement provided that the periodical payments would increase in line with the Retail Prices Index (RPI), but that this would be substituted by the Average Earnings
