header-logo header-logo

20 June 2013 / Nicholas Bevan
Issue: 7565 / Categories: Features , Personal injury
printer mail-detail

Beyond the pale?

105983095

Nicholas Bevan believes catastrophically injured claimants deserve better treatment from the insurance industry

The Court of Appeal’s ruling in Follett v Wallace [2013] EWCA Civ 146, [2013] All ER (D) 57 (Mar) should give practitioners pause for thought. This was one of those tragic catastrophic injury claims where the victim was left with extensive life-long care needs. Neither liability nor quantum was disputed. Both parties were agreed to part of the claimant’s compensatory entitlement being paid under a periodical payments order (PPO).

The dispute was over the terms of the proposed order. One of the sticking points was a term proposed by the compensating insurers that required the claimant to be subjected to regular medical examinations by the insurer’s medical experts for the rest of his life. What is singular about this condition was that this had nothing to do with the re-evaluation of the claimant’s compensatory needs and everything to do with the insurer’s financial interest in being able to monitor the claimant’s life expectancy, so it can review its reserves from

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nick McDonnell, Kain Knight

NLJ Career Profile: Nick McDonnell, Kain Knight

Nick McDonnell of Kain Knight reflects on an unexpected legal career, his drive to support vulnerable clients and the surprising pleasures of watching nothing happen

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter strengthens property team with new partner appointment

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale expands London disputes capabilities with addition of two leading partners

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
back-to-top-scroll