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Billy*, born in 1994, suffered a significant brain injury and damaged vision when he was shaken by his father at the age of 13 weeks. An initial application was made to the CICA under the 1990 scheme (i.e. uncapped) in 1996 by Berkshire County Council who had parental responsibility for Billy at the time. They dealt with the matter until 2009 when the Official Solicitor was appointed as guardian of Billy's estate. The application was accepted under the terms of the scheme with the size of the award to be decided as Billy matured.

Rehabilitation and education

Boyes Turner's specialist CICA claims lawyers received instructions from the Official Solicitor to continue to deal with the application on their behalf in July 2009. At this point, no formal medico-legal evidence had been obtained or any interim payments that might assist with Billy's rehabilitation.

Boyes Turner immediately requested all medical and educational records and arranged for Billy to be seen by an educational psychologist, an ophthalmologist, disability cost consultant, who recommended the employment of a case manager and Neuropsychologists, who latter recommended the development and implementation of a behavioural programme to aid Billy's rehabilitation. Boyes Turner also applied for an interim payment to cover the significant costs. The CICA tribunal listed a hearing where the interim payment was granted but with a firm direction from the tribunal that they would not merely rubber stamp often exorbitant case management fees which in other cases they had significantly reduced.

Case manager

We instructed a case manager who provided invaluable assistance to Billy at a very difficult transitional time, moving from full time education at a specialist school whilst living at home to living in a local authority assisted home. Billy had been left with global learning difficulties and behavioural problems and was registered blind as a result of his injuries. He made real progress though with the behavioural programme and with the assistance of a case manager.

Our evidence was that Billy required continued care for the rest of his life and should live in specialist brain injury accommodation for the rest of his life – he would not be a able to live independently and would never work. Evidence obtained by the CICA was that Billy could continue to live in the local authority accommodation which in our view was totally unsuitable on any long term basis. The CICA also felt he was capable of some work.

Following a lengthy final hearing, the Tribunal allowed Billy's claim as presented in almost all respects and allowed for a full loss of earnings and pension claim, brain injury specialist accommodation for the rest of his life, ongoing case management and neuropsychological input.

Court of protection involvement

Consideration was given with regards to Billy's future as he lacked capacity and the Official Solicitor set up a personal injury trust to receive the CICA award. We were concerned that once the CICA claim had settled there would also be no responsible adult to act in Billy's best interests. The Official Solicitor was able to administer the funds through the Trust but could not receive Billy's benefits nor take on a Deputy role.

In the circumstances, the Tribunal agreed that the matter should come before the Court of Protection and a Deputy be appointed, the costs of which were also allowed in the claim.

N.B .This injury claim was made under an old scheme which pre-dates the scheme that is now in place, under which the maximum amount of compensation payable is £500,000.

* All names have been changed to protect client privacy.

If you or a loved one has suffered a traumatic brain injury after an accident then contact our specialist personal injury team on 0118 952 7137 or email