Royal Court Approves First Periodical Payment Settlement Under Damages (Jersey) Act

In November 2021, the Royal Court of Jersey approved a landmark settlement for Zac, who sustained a severe traumatic brain injury and multiple orthopaedic injuries in a head-on collision at the age of 11. The settlement was the first of its kind in Jersey following the introduction of the Damages (Jersey) Act 2019, providing compensation not only by way of a lump sum but also through index-linked annual periodical payments for life. This represented a significant development in how long-term catastrophic injury claims could be structured under Jersey law.

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Zac’s injuries arose from a road traffic collision in August 2010. Proceedings were appropriately paused throughout his childhood to allow his education to continue and to enable experts to properly assess the full, lifelong impact of his brain injury as he matured. The claim was ultimately brought before the Royal Court of Jersey, supported by a cross-jurisdictional legal team and Zac’s court-appointed Delegate.

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Verity Boak was instructed as Zac’s case manager during the claim to assemble, coordinate and oversee a multidisciplinary rehabilitation programme throughout his childhood and adolescence. Her role focused on ensuring early and sustained access to specialist neuro-rehabilitation, therapy input and equipment through interim payments, while maintaining a clear long-term focus on Zac’s development, independence and future adult functioning. This required close collaboration with treating clinicians, therapists, legal teams and the insurer to ensure rehabilitation remained proactive, coordinated and responsive as Zac’s needs evolved over time.

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Zac received therapy input across multiple disciplines, including neurology, neuropsychology, occupational therapy, speech and language therapy and physiotherapy. This sustained rehabilitation enabled him to develop functional skills, access work experience and progress towards the highest possible level of independence in light of his severe injuries.

Crucially, the structure of the settlement allowed rehabilitation and support to continue flexibly into adulthood, rather than being constrained by a single finite award.

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This case remains significant not only because it established the use of periodical payment orders in Jersey but also because it demonstrates the impact of early, consistent case management in childhood brain injury claims. It illustrates how long-term rehabilitation planning, informed by detailed knowledge of the child and family over many years, can directly shape settlement outcomes and support safer, more independent adult lives following catastrophic injury.

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Read the judgement here.

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