At a High Court hearing on Monday 29 April 2024, Mr Charles Morrison (sitting as a Deputy Judge of the High Court) approved the settlement of a claim for damages brought by our client, MFC. The judge also ordered the claimant and family’s details remain anonymous.
MFC sustained a life-changing severe brain injury in a road traffic collision. MFC was in the process of using a pedestrian crossing in London when the defendant driver, proceeding along an ahead-only one-way road, turned right into the road which MFC was crossing. The driver drove at speed into MFC, then did not stop at the scene and was subsequently apprehended by the police.
The defendant driver was found to be driving without insurance. A claim was therefore pursued against the Motor Insurers Bureau (MIB).
At the time of the collision, MFC was a talented and dedicated student. A Palestinian national, he had completed a law degree and was in London to study for a Masters degree in Corporate and Commercial Law at Queen Mary University.
MFC’s mother instructed International Injury partner Scott Rigby and associate James Griffin to bring proceedings in the High Court.
During the claim, Stewarts secured significant interim payments from the MIB, to support MFC with a 24-hour care team, provide funding for rehabilitation, and fund an adapted rental property (with a hydrotherapy pool) in which MFC could live with his family.
Details of settlement
Following negotiations between the parties in March 2024, it was agreed that MFC should receive gross lump sum damages and periodical payments, linked to the Annual Survey for Hours and Earnings (ASHE) data on care workers published annually by the Office for National Statistics (ONS). This means MFC’s future annual payments will rise in line with inflation on care workers’ earnings.
The settlement includes provision for lifetime 24-hour care for MFC, to allow him to live as independently as possible, along with funds to purchase suitably adapted accommodation.
Comment
Scott Rigby commented:
“I am very pleased that we have been able to secure the best possible outcome following MFC’s life-changing road traffic collision. It has been a privilege to represent MFC and their family.
“MFC has been superbly supported throughout by their mother and litigation friend, as well as their wider family. I would like to thank MFC’s case managers at LOD Care and Case Management and the treating team, who have been able to assist MFC in making such significant progress in their rehabilitation.
“We have been able to work collaboratively with the MIB to secure interim funding through the lifetime of the case. The interim funding allowed MFC to return to life in the community. Now that the case is finalised, the settlement we have secured for MFC will ensure they can meet their lifelong needs. Importantly, the compensation includes provision for fully adapted accommodation, ongoing provision of 24/7 care for life, along with and funds to ensure that this young person can still travel and live their life to the fullest.”
MFC was represented by Scott Rigby and James Griffin. They instructed William Latimer-Sayer KC and Chesca Lord of Cloisters Chambers. The MIB were represented by Keoghs, instructing Tim Horlock KC of Deans Court Chambers.
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