We were instructed by the parents of a young
girl who had been involved in a very serious road traffic accident
and suffered serious brain damage.
Our client was 14 when Jill was instructed.
This was 12 years after the accident had occurred. The matter had
been pursued for 12 years previously by alternative solicitors who
had not brought it to a conclusion.
At the time of instruction our client was
attending a school that a number of her experts felt did not meet
her needs.
The previous solicitors had entered into an
agreement with the defendants that they would not move our client
to another school before a hearing in relation to her education had
taken place before the High Court.
There was effectively an injunction in place
that meant our client could not move schools.
This tactic we felt was being used by the
defendants to ensure that they would not have to pay the cost of
specialist school fees, which would inevitably be more
expensive.
When Jill took over the claim she challenged
the view that our client was not allowed to move schools.
The case was due to go to a trial on
education when, the day before the hearing, the defendants agreed
to lift the court order preventing our client from changing
schools.
They also agreed to providing an interim
payment of £50,000 which then allowed us to move our client to a
more suitable school that provides high quality education, therapy
and care but which specifically takes into account her acquired
brain injury.
Our client is very happy at her new school
and the indication is that she is making excellent progress.
In addition, in just over a year from
instruction, the matter was brought to a successful conclusion. Our
client received, when capitalised, in excess of £5
million.
After the case was settled,
Jill Greenfield said:
“It was extremely hard work bringing
this matter to a conclusion on behalf of the family but it was
clear to me that they needed to have a fairly swift
resolution.
"We worked hard to make sure that my
client could go to a school more beneficial to
her.
"It seemed to me to be quite
wrong that the defence were endeavouring to tie my client in this
way; seeking to prevent her from attending a school that has
since proved to be so much more beneficial to
her.
"It was quite extraordinary to
see an injunction used against a child in such a
way."
For further information or if
you would like to discuss a brain
injury claim, please contact
Jill Greenfield on 020 7861
4557 or email jill.greenfield@fw.com
You can discuss your head injury claim with any member of our
brain injury team on
freephone 0800 358 3848, email personalinjury@ffw.com or
complete our short enquiry
form.