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Accident Compensation Cases

Cooper-Kake v Accident Compensation Corporation (DC, 30/04/14)

Judgment Text

Judge Roderick Joyce QC
At the conclusion of my 31 January 2014 interim judgment in this appeal, which allowed such in respect of the 28 July 2009 determination of the Corporation relating to backdated attendant care hours, I asked counsel (working co-operatively) to provide a draft order to give sensible effect to that outcome. 
I now have to hand their draft which, in the terms set out in the paragraph immediately following, becomes the Court's order in relation to backdated attendant hours. 
That is to say that the appeal allowed in respect of the Corporation's decision dated 28 July 2009 is given effect in terms that Georjah Cooper-Kake is to be paid (per medium of her parents) attendant care for the periods set out below (excepting when she was a hospital inpatient) in the following terms: 
Attendant care hours per week 
0 to 6 months 
99 hours 10 minutes 
6 to 12 months 
93 hours 20 minutes 
1 to 2 years 
80 hours 
2 years to 3 years 6 months 
76 hours 50 minutes 
3 years 6 months to 6 years 
86 hours 35 minutes 
I had also sought clarification as to whether that part of the appeal that put in question the 21 April 2009 review decision was intended to be pursued, it having featured little in the argument. 
The advice of counsel now is that leave is sought to withdraw the appeal on that account, which leave is granted, 
That leaves the question of costs which must follow in consequence of the granting of the appeal in respect of the 28 July 2009 determination. 
I invite Ms Hollingsworth and Mr McBride to agree costs and I note in doing so that, reasonably and sensibly, those costs should reflect the fact that this was a particularly complicated appeal. 
Recalling that the request was that the costs fixed be paid direct to John Miller Law, I so order as regards the sum (including reasonable disbursements) upon which Ms Hollingsworth and Mr McBride come to agree. 

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