Our client JF was seriously injured in a road traffic collision while cycling to his job in a supermarket. At the time of the accident, JF was 33 years old and lived independently in his own flat.

Stewarts helped secure a £30 million+ settlement for JF that will enable him to live in his own home with 24-hour care for the rest of his life in the face of arguments that his injuries were too severe for him to benefit from further rehabilitation. Personal Injury partner Ben Townsend, senior associate Lucy Mills, trainee solicitor Millie Ryan and paralegal Nasir Hussain review JF’s case.

The accident

In the early hours of the morning in 2018, JF was cycling to work when he was knocked off his bicycle by the defendant driver, who was driving a stolen vehicle on the wrong side of the road.

JF suffered a cardiac arrest at the scene and was unconscious when admitted to hospital. He underwent several surgical procedures after sustaining an enormously complex set of injuries, resulting in spastic tetraplegia with greater weakness on the right side. He was fitted with a tracheostomy, which remains in situ, and has a gastrostomy feeding tube. While he does not require assisted ventilation, he does need regular suction to deal with any secretions and full support with his mobility and incontinence.

On the claimant’s evidence JF requires nursing care, as opposed to domiciliary assistance, at all times. The injuries have had a devastating impact on JF and he will require 24-hour care for the remainder of his life.

Stewarts instructed

It was not straightforward to assess how much JF can understand. However, he did not have the capacity to manage the litigation nor make decisions concerning his care, treatment or residency. Our team was instructed by JF’s sister and litigation friend to bring a claim against the defendant driver and the vehicle’s insurer.

JF’s treatment and care needs

After stays in a hospital and care centre, and repeated re-admissions to hospital due to recurrent infections, there was a dispute regarding the benefit to JF of being transferred to the Wellington specialist neuro rehabilitation hospital in London. This dispute arose from the severity of JF’s injuries and the extent to which he could benefit from rehabilitation. It was through the persistence of Stewarts and the rest of his legal team that JF secured the funds to allow him to obtain the rehabilitation that he required at that hospital. This resulted in him stabilising to the extent that he was able to move back into the community.

JF moved into his current rental property in April 2023. Since then, JF has benefited from a privately paid care regime after Stewarts helped secure payment for all his care through interim payments from the defendant’s insurer.

Experts on both sides of the case agreed that JF required 24-hour care, but there was a divergence of opinion about what care will be reasonably required and how it should be delivered. The main point of contention was the need for a trained nurse. There were also differences of opinion regarding JF’s life expectancy.

Any settlement agreed had to include significant annual periodical payments to cover the costs of JF’s care. In addition, a large capital sum was required as it was important to JF’s family that he could purchase his own accommodation rather than rent and be exposed to the uncertainty and instability that being a tenant can bring.

Settlement

The parties worked hard to achieve a settlement, and after many rounds of negotiations, a settlement agreement was outlined in January 2024. JF will receive a lump sum of £6 million, to include the interim payments he has already received, and an annual periodical payment of £1.1 million. To the best of our knowledge, this is the largest periodical payment figure agreed in England and Wales. Capitalised, the settlement figure exceeds £30m. The negotiations took fewer than two months to conclude in a period that also included the Christmas break. The court approved the settlement on 15 March 2024.

JF now has funds that allow him to have two 24 carers for the rest of his life, including a trained nurse. JF has received extraordinary support from his family. This award will allow him to be with them in the community.

A number of key factors led to the successful resolution of this case, including the dedication of JF’s family, particularly his sister and litigation friend; and the tireless and patient case management of Nicola Ewell of Tania Brown, who was relentless in her management of an enormously complicated clinical situation.

The cooperative approach adopted by the defendant team at Horwich Farrelly was also key to this outcome. Inevitably there, were disagreements in relation to some of the key questions in the case, but their approach ensured they were resolved more easily and quickly than would otherwise have been the case.

The Stewarts legal team was led by partner Ben Townsend, with Gerard McDermott KC and Will Young (both of Outer Temple Chambers).

Testimonial

JF’s litigation friend says:

“The injuries my brother sustained irrevocably changed his life overnight. As his family, we knew almost immediately that this meant there were lots of things we would never be able to give back to him. Since then, our hope has been to protect my brother’s health, allow him to maximise his potential through rehab and crucially, to enrich his life with the things he has always enjoyed and taken pride in.

The substantial and regular interim payments secured by Stewarts enabled us to achieve that whilst the case was still ongoing, and now, the settlement achieved will secure my brother’s future and give him the stability and quality of life that he deserves.

Being able to move safely into his own home was a monumental achievement and has made the world of difference to my brother. He is once again able to make choices about his own environment and activities, something he was fiercely proud of before the injury. From living in a relaxed and homely environment tailored to him, to having the freedom and ability to go on trips to do activities he has always enjoyed… a level of normality has been restored to his life and it has been so inspiring to us all to see how positively this has affected him. The care package that the annual payments will protect makes my brother being in his own home possible and to have that guaranteed for his future is phenomenal and a huge relief to us all.

Since our first meeting with Ben and the team I have felt wholly confident that we were in very safe hands. The entire Stewarts team have been incredibly patient and professional throughout the case, even as unforeseen challenges occurred along the way. They have always explained the process and their proposed course of actions clearly, taking the time to thoughtfully work through points of clarification or concern with me.

It’s been very clear to me throughout that Ben, Emma, Lucy and everyone we have worked with at Stewarts have kept my brother and what is best for him at the forefront of their minds at all times. They have handled his case with care, sensitivity and absolute professionalism and we truly could not be more grateful for all they have achieved.”

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