Forget the carers, I want a Rolex!

29 Jan 2020

In the last twelve months there have been three reported decisions on whether brain damaged claimants in personal injury proceedings should be told the amount of compensation they have been awarded (EXB v FDZ [2018] EWHC 3456, PBM v TGT & X Local Authority [2019] EWCOP 6, and DXW v PXL [2019] EWHC 2579).

Each case should be judged on its own facts, of course, but the two High Court judgments struck me as being paternalistic – whereas the decision of Francis J in the Court of Protection (COP) is unashamedly disability rights-based.

The inconsistency of approach illustrates what a minefield this is, and it brings to mind a fleeting encounter I had with one of these young millionaires back in...

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