JBX v Frimley Health NHS Foundation Trust (Costs)

Facts

JBX, suing by his mother and litigation friend DBX, brought a claim for damages against Frimley Health NHS Foundation Trust. The principal dispute concerned his future care and accommodation after leaving Tadworth Court. He contended for domiciliary care in his own home ("option 1"). The Trust's opposition to domiciliary care became clear when it served its Counter Schedule and expert evidence on 13 February 2026. On 17 February 2026 the Claimant's solicitors wrote that settlement could not be achieved on the basis of his remaining in residential accommodation. A joint settlement meeting on 17 March 2026 did not resolve the claim. No Part 36 offers were made by either side. In the fortnight before the eight-day trial began on 6 May 2026, the parties exchanged offers between counsel: the Claimant on 20 April and 5 May, the Trust on 29 April. None was accepted. The parties agreed quantum figures for seven scenarios and, by the end of the hearing, the terms of a reverse indemnity. In [2026] EWHC 2294 (KB), dated 4 September 2026, the judge assessed damages at £4,341,302.86, including interim payments and allowing for CRU, together with substantial periodical payments. The Trust won the future care and accommodation point and the Claimant won the lost years claim. Costs were argued at a consequential hearing on 16 September 2026.