Knight (as property and affairs deputy for BJB) v Barnsley Hospital NHS Foundation Trust & Anor [2024] EWCOP 59 (T2)

Judgment concerning the reverse indemnity, state benefits and a personal injury award where the Deputy wishes to be released from an offset arrangement as the funds in the award were insufficient to meet BJB's needs. ​

BJB is a 30-year-old woman with dystonic cerebral palsy resulting from a hypoxic brain injury at birth. She received a structured damages settlement in 2009 which included a lump sum and annual periodical payments but 98% of these payments are offset by any state benefits she receives. Her Deputy applied to the Court of Protection to release her from this offset arrangement as there are insufficient resources to sustain BJB's long-term needs. The NHS Trust and NHS Resolution opposed the release, arguing it would result in “double recovery,” allowing BJB access to both public funds and periodical payments.

In this judgment, HHJ Hilder considers BJB's future cashflow which show the capital would be depleted within a decade even though BJB is expected to live well into her 70s. Accordingly the judge found that the offset arrangement no longer supported BJB’s reasonable needs. She also notes the Court of Protection’s primary duty is to act in P's best interests and that the settlement had incorporated the possibility of increased needs over time. Accordingly, HHJ Hilder granted the deputy’s request as this was in BJB’s best interests. 

Read the judgment on the National Archives.