EXB Order – Do all claimants have a right to know their compensation award?

In a recent case Mr Justice Pushpinder Saini found that the anonymised claimant in DXW v PXL lacked the capacity not just to litigate but also to manage his financial and property affairs. As such, the High Court has taken the unusual step of stopping a
personal injury claimant from knowing what compensation he has received. The application was made by the claimant’s mother and litigation friend on behalf of DXW, who sustained severe physical injuries and a traumatic brain injury after an incident at work.

In the Application Notice seeking approval of the settlement, the Claimant sought what has been called an “EXB Order”. The court ruled the claimant did not have sufficient insight into or understanding of the need to keep confidential the £6.675million
awarded. He also did not appear to have sufficient insight to understand that a settlement covers past and future losses, and is there to cover care management and his long-term assistance. The order further states that it would be unlawful for anyone to tell him.

The Claimant’s deputy undertook to the court to consider any application to revoke or vary the order at least once a year.

It is worth noting that in DXW, the judge made it clear that a person in the claimant’s position should ordinarily be informed of the details of a settlement award, because this would be to treat him the same way as someone without a disability.

If you have concerns for a friend or relative suffering with a head injury as a result of an accident and would like to discuss making a claim, or if you need advice on an existing claim please call 01202 525333 to speak to one of our experienced solicitors and arrange a free consultation.

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