High Court approves settlement of brain injury claim with “stop start” provision for Court of Protection costs – (Brain Injury) – 21.06.16

30th June 2016

Practice Areas

Personal Injury

Claim by a middle aged man who sustained a severe traumatic brain injury in a running down accident.

Claimant found to lack capacity to litigate or manage affairs and Deputy appointed by Court of Protection.  However, agreed between parties that Claimant’s future capacity might fluctuate, so leading to possible cessation of Court of Protection costs and even subsequent resumption at as yet unknown times.

Judgment of Mrs Justice Swift in AA -v- CC and the MIB [2013] EWHC 3679 applied to provide for future medical examinations going to capacity and thereby a “stop-start” device for the Court of Protection charges, set out in Schedule to Tomlin Order.

Swift J had ruled in AA v CC that Court could not have ordered such device against wishes of the parties, but that it could approve such device if agreed between the parties.

Dingemans J approved the Tomlin Order. Also made anonymity order, applying JXMX v. Dartford and Gravesham NHS Trust [2015] EWCA Civ 96.

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Marcus Grant

Marcus Grant
Year of Call: 1993

Alex Glassbrook

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Year of Call: 1995