Christopher Wilson-Smith KC and Ben Bradley obtain Foreign Index Linked PPO in significant settlement

Personal Injury specialists Christopher Wilson-Smith KC and Ben Bradley successful in a settlement claim for a Latvian National who was severely injured whilst working in the UK. The judgment is now available.

Christopher Wilson-Smith KC and Ben Bradley (instructed by Alison Brooks of Barratts Solicitors, Nottingham) recently obtained a significant award for a Latvian National who was injured in a road traffic accident whilst working in the UK. The claimant suffered very severe injuries, chiefly in the form of a traumatic brain injury and a skull fracture.

The Claimant took the decision to return to Latvia. Issues arose in terms of funding specialist care and case management for a catastrophically injured client living in Latvia; a country not known to have established brain injury rehabilitation centres. The Claimant’s lack of capacity was contested until shortly before settlement, resulting in complex arguments about jurisdiction.

Liability had been approved at 57.5% in favour of the Claimant but a PPO was essential to meet the Claimant’s ongoing care needs. The PPO also needed to be appropriately indexed to ensure that the Claimant was adequately protected against potential fluctuations in the currency markets and the likely rate of growth in an emerging economy. It was argued, on behalf of the Claimant, that such risks rendered orthodox English methods of indexation inappropriate in this case. The Claimant also argued that Latvia was an unsuitable country to meet the investment requirements likely to be required by the Court of Protection.

Christopher, Ben and Alison negotiated a settlement which ensured that annual payments for care and case management were paid in the local currency (euros), index linked to a Latvian Earnings Survey. The legal team also established that a UK Deputy should remain appointed, despite the Claimant continuing to live in Latvia.

The settlement was approved by Dexter Dias KC, sitting as a Deputy High Court Judge. Further details can be found in the short judgment handed down here, following the Approval Hearing.

As the case law makes clear, alternative methods of indexation can and should be considered where such methods lie in the best interests of the Claimant. The case also demonstrates that in certain circumstances PPOs remain appropriate, even where there has been a significant liability discount in a case of serious life changing injury.

Find out more

Christopher Wilson-Smith KC’s practice covers personal injury, often compounded by breaches of duty in healthcare following the initial trauma; clinical negligence; and serious crime, primarily involving corporate manslaughter and health and safety cases. For over 25 years Christopher Wilson-Smith has been recommended as a leader in Personal Injury in both key legal directories and he has worked with the top-rated solicitors. His Personal Injury practice involve £multi-million claims, (including the highest value P.I. case, ever, in England and Wales).

Ben Bradley acts for acts for both Claimants and Defendants in both clinical negligence and personal injury cases where individuals have suffered life changing injuries. He is frequently instructed without a leader in claims of 7-figure value, with a particular focus on brain injury, spinal cord injury and amputation cases. His personal injury practice covers a range of niche areas of expertise, including aviation accidents, equestrian accidents, injuries arising from sport and cross-border litigation (including significant experience of representing foreign nationals who leave the UK jurisdiction following catastrophic injury).

News 6 Mar, 2024