May 16, 2016

Withy King wins right to appeal for more compensation

Law firm Withy King has won the right to appeal against the level of compensation awarded to a young man who suffered severe brain damage as a toddler.

Withy King won the right to appeal to the Court of Appeal on the back of a technical legal argument in a fight which will have profound implications for their client,* who has severe brain damage and needs round-the-clock care.

If Withy King’s case is successful, it will set a new legal precedent which will benefit many of society’s most vulnerable people and those responsible for their care.

Stuart Brazington, a partner and head of the Brain Injury team at Withy King, explained: “The compensation awarded to my client by the Criminal Injuries Compensation Authority (CICA) will run out when he reaches the age of 48. We have been fighting to increase the level of compensation to ensure my client has the means to pay for the care and support he will need for the rest of his life – not just part of it.”

Mr Brazington, who specialises in brain and spinal injury claims, continued: “We took a risk in taking on this complex legal argument when other firms wouldn’t but we feel passionately about achieving a fair outcome for those who have sustained catastrophic injuries through no fault of their own and are not in a position to defend themselves. This case hangs on a technical legal argument which has life-changing implications for our client and others like him and we are determined to take it as far as we can.”

Withy King’s client’s personal and financial affairs are being dealt with by a Deputy appointed by the Court of Protection. There are other deputies waiting for the outcome of this case as success will mean they have recourse to sufficient funds to pay for the care that is needed.

Mr Brazington added: “Many deputies are currently tasked with spending as little as they possibly can, knowing that the money will run out half-way through their client’s life. This puts the deputy in a very difficult and stressful position as they are under a professional obligation to act in the best interests of their client at all times.”

He added: “We will now wait for the Appeal hearing which will hopefully be listed in the next few months. We anticipate the CICA will oppose our case as it has done from the outset, but that will not deter us in fighting for our client.”

*A court order prevents the client from being identified.

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