Court of Protection
Will’s huge experience in the field of traumatic brain injury and handling cases of the utmost severity has made him uniquely well qualified to deal with matters requiring skill and sensitivity. Frequently, those suffering severe head injuries lack capacity to handle either their litigation or finances and many of the issues surrounding their welfare and decision making mirror those with which the Court of Protection is normally involved. His role as a Judge of the Mental Health Tribunal Restricted Panel brings him into contact regularly with those suffering from mental disorder, whose vulnerabilities again reflect many of the matters often seen in the Court of Protection.
Court of Protection Cases
SB – Catastrophic spinal injury with brain damage to a man aged 25 at injury, 28 at settlement. Dispute as to whether the Claimant was wearing a seatbelt was resolved in his favour. Housing and care claims complex. Capacity raised difficult issues impacting upon damages and welfare questions dominated the conduct of the case. Compromise reached at £6.7m (2016)
X – On-going litigation involving a young man who was involved in a collision when riding an off-road motorcycle on the highway as a consequence of which he sustained catastrophic brain injury. Liability was hotly contested but compromised at 60/40 in the Claimant’s favour, approved by the court. Subsequently, X has become extremely difficult to handle, vulnerable and has disengaged from rehabilitation. He made himself effectively homeless and his case is, in effect, one that calls for consideration of the type of issues that might well engage the Court of Protection. Case value as yet unknown but likely to be in excess of £5m. (2016)