Satinder Hunjan QC has secured on a full liability basis a personal injury award of £6.33 million on behalf of a German national who unfortunately suffered a serious RTA whilst visiting this country.
The accident occurred whilst the Claimant was crossing the road and possibly mistook the way the traffic travels here and a collision occurred with the Defendant’s motor car; liability had previously been agreed between the parties on a split basis and the award of £6.33 million was apportioned accordingly.
Of interest and challenge in this case, as the Claimant had returned to Germany, was to consider the impact of the German healthcare and protective provision system that was available as compared to the United Kingdom.
At first glance, it appeared that the German system was one of excellence in terms of the quality of healthcare, insurance provision, continued involvement of the insurers for life and supervision by the German equivalent of the Court of Protection. However, upon closer analysis and investigation by the Claimant, the Claimant was able to argue and demonstrate that in fact the input that we have in this jurisdiction for the rehabilitation, management, support and protection of injured claimants was more developed; in particular, as we had in this case, someone who was significantly brain injured but outwardly exhibited limited evidence of any disabilities (“walking wounded”).
The Claimant therefore was able to pursue the matter upon the basis that he required expert and continuing medical, brain injury case management and support input as well as other therapies and that that would also involve ensuring that he was in appropriate accommodation. In addition, that the management of his damages would involve the Court of Protection here – it became clear on the Claimant’s side that as in the German system claimants simply do not receive substantial damages – the Court of Protection system is not as developed as we have here. The result of this case is that the Claimant is now left with substantial financial provision based upon his having superior provision and control of that provision for life unfettered by the Defendant following settlement. It was very useful to have input from German lawyers and experts – critically to understand the German system and to be able to use their input to demonstrate why the Claimant should not be limited in any way to the provision which would be available under the German system.
Satinder Hunjan QC was instructed by Martyn Gwyther, Foreign Jurisdiction Team, Thompsons.