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S. v. Argyll and Clyde Acute Hospitals [2009] CSOH 43


In this action S. sought damages on behalf of her son, J. in respect of negligence in the management of the delivery of J. J. who is now 9 years of age suffers from cerebral palsy and is severely disabled. The action was settled extra-judicially on the basis of payment to the pursuer of a sum of damages which amounted to £5.25 million. Subsequently the following motion was enrolled on behalf of the pursuer:- "On behalf of the pursuer, and in respect that this action has settled and the pursuer has received a capital sum in her capacity as mother and guardian of the child [J.] for directions as to the future administration of the award for the benefit of the child in terms of section 13 of the Children (Scotland) Act 1995; and in particular to approve the purchase and adaption of [a specified property] as a suitable property for the child; and further to approve the purchase of computer equipment for the child as recommended in [a specified report]." Here the court considered whether it had jurisdiction to make such an order on the basis that the Court's power was conferred under section 13(1) of the Children (Scotland) Act 1995 which provides:- "Where in any court proceedings a sum of money becomes payable to [emphasis added], or for the benefit of, a child under the age of sixteen years, the court may make such an order relating to the payment and management of the sum for the benefit of the child as it thinks fit." There was a difficulty in the present case given the sum had in the present case been paid. The court went on to consider whether the pursuer was entitled to apply the whole sum of damages paid by the defender for the benefit of J. without any further authorisation from the court.