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  • Fighting for permission to pay for care

    Background

    In the late 1980’s ABD acted for a child, who tragically suffered cerebral palsy at birth, in securing a medical negligence settlement of £1.3M. Court Authority was also obtained for a Deputy (the child's Mother) to make payments from the compensation fund to provide for the child’s needs.

    Recently the Office of the Public Guardian (OPG) challenged the reasonableness of payments made from the fund between 2010 and 2014, which fell outside of the allowed timespan set by the original Court Authority.

    The Child’s Mother, who had not realised the Court Authority timespan had expired, found herself being asked to repay in excess of £120,000 back to the fund, money which had already been used for the care of her daughter.

    
Solution

    ABD acted on behalf of the Mother in a claim for retrospective permission for the payments from the fund. The OPG vigorously defended the claim and with no Legal Aid available for the client, it was a delicate balancing act to pursue the claim with the necessary thoroughness needed to maximise chance of success, whilst keeping legal costs affordable.

    The case went all the way to a contested trial at which the client was completely vindicated. Retrospective permission was given for all payments made and the OPG did not pursue their costs.

    Paul Walshe, Litigation Solicitor at ABD, commented:

    "This wasn’t a case that could be compromised; with so much at stake for the client we had to fight the claim all the way for her and I am delighted that justice was done.”

    The client commented;

    "I completed a charity run on Saturday and for once I managed to run with the weight lifted off my shoulders. I cannot put into words how extremely thankful I am to you who believed in me. I will be forever grateful that  you understood my financial situation and kept the costs as low as it was possible.”


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