We have recently achieved a settlement of £14.5 million that was approved in the High Court on behalf of our client, an anonymous protected party, for catastrophic injuries caused by a road accident in France.
The settlement was agreed in line with French law principles in accordance with the Rome II Regulation (EC 864/2007) and is thought to be one of the highest ever French law awards approved by an English court.
This case involved a teenage boy who suffered catastrophic and life changing injuries. We were introduced to the family shortly after the accident by their travel insurers whilst they were still in France. Ever since the accident, the family have shown incredible bravery and resilience and it has been our privilege to act for them.
Although liability was conceded in the pre-action stages, the severity and complexity of our client’s injuries resulted in the team securing permission to rely upon expert evidence in over 20 disciplines.
Mindful of the Rehabilitation Code, we were also able to establish a collaborative approach with the defendant’s solicitors, enabling us to secure substantial interim payments to fund 24 hour care, treatment and rehabilitation. Over time, this continued rehabilitation has enabled our client to make remarkable progress and means he is now able to enjoy a much better quality of life. He also has the necessary funds to purchase suitably adapted accommodation to house himself, his family and his care team in the years ahead.
The case raised novel questions on the treatment of third-party payments to UK resident injured parties under French law assessment principles. The parties negotiated a compromise on French law regarding special accommodation damages claims and loss of earnings as well as non-pecuniary losses. Damages under French law for the family’s indirect moral damages and direct injury claims were also agreed in separate settlements.
During the course of the claim, we worked closely with highly experienced counsel Sarah Crowther QC and Chloe Bell of Outer Temple Chambers, the French law experts Paul and Thomas Ricard and a host of other experts. In addition, our Court of Protection team continues to manage the client’s funds as the appointed Deputy. The case also required input from our residential conveyancing, immigration and employment teams, as well as our lawyers in Singapore.