Fifty Fifth Meeting – 23 March 2012

  • The Minutes and Resolutions of the previous meeting were approved.
  • It was reported that there were 176 victims as at 8 March 2012, according to the figures on the National CJD Surveillance Unit website. However, Field Fisher Waterhouse were aware of 182 Victims as at the date of the meeting. There have been no new Victims since the meeting in November 2011. By the end of this meeting, the Trustees had considered 179 of the claims submitted to date. The Trustees had considered a total of 381 claims for £5,000 Psychiatric Injury, 210 claims for Particular Emotional Hardship, and 43 claims for Particular Financial Hardship.
  • The meeting included consideration of one new claim, 2 claims for Psychiatric Injury and 2 claims for Particular Emotional Hardship.
  • £40,401,417.24 had been paid in compensation by the date of the meeting, £12,761,152.14 had been paid for costs, expenses and taxes, which included £5,334,779.83 in relation to Charles Russell’s fees (inc VAT), £308,227.01 in relation to Field Fisher Waterhouse’s fees (inc VAT), £3,574,020.82 to Irwin Mitchell’s fees (inc VAT) and £253,407.52 in relation to other solicitors’ fees and expenses.
  • The Trustees resolved to reappoint Sir Robert Owen as Chairman, for a 5 year term and Roger Tomkins and Richard Vallance for a 5 year term with immediate effect.
  • The Trustees discussed investments with representatives of Cazenove, who attended the meeting. Whilst it was recognised that Cazenove should have discretionary control over investments that were made, the Trustees agreed that a Trustee sub-committee be made up of three people with whom Cazenove could liaise with if needs be. The sub-committee would be Sir Robert Owen, David Stevens and Elaine Motion. They would be updated by Cazenove on a quarterly basis. The Trustees resolved that Cazenove be invited to attend the Trustees’ meetings once a year on a provisional basis. The Trustees reaffirmed their decision to invest with Cazenove pending receipt and approval of updated figures.
  • The Trustees agreed to invest £12M with Cazenove, subject to additional information on likely returns, with the remaining funds to be placed in a 95 day access account.
  • The Trustees had received confirmation from the Department of Health that the Secretary of State approved the Trust Deed amendments and the Trustees’ request to increase the Basic Sum on an annual basis by 2% or such other rate as they deemed appropriate. The Trustees agreed that they would need to reconsider the percentage increase to the Basic Sum on an annual basis and it was agreed that this should be a standing item on the Agenda of the first meeting of each year.
  • The Trustees considered the provisions of the Trust Deed and agreed that the clauses were fit for purpose. The Trustees resolved that following the incorporation of the Third Deed of Amendment, no further amendments needed to be made to the Trust Deed but that they would reconsider the point at the first meeting of each year.
  • The Trustees agreed that advice should be included on the website and precedent Main Application form regarding the five year cut off for claims.