Reviewed by: Marina Van Vessem
Author: Grahame Aldous QC, Peter Andrews QC, Stuart McKechnie, Terry Lee
Publisher: Jordans
ISBN: ISBN: 978 – 1 – 84661 – 204 – 6
Price: £75.00

This is an excellent guide to both the experienced practitioner and the more junior lawyer developing their expertise in this area of work.

Its use extends well beyond catastrophic injury claims, and contains a great deal of information which is highly relevant for those with conduct of the claims involving any form of serious injury.

The guide begins with a practical discussion of the early steps required in a case involving serious injury, which includes a sensitive discussion of the role of the solicitor in these cases, and the particular features of the relationship between the solicitor, and the claimant and their family.

It is a feature of this guide that it not only sets out the key stages and the relevant legal frame work in conducting a serious injury or catastrophic injury claim, but it also discusses the tactical considerations that should be borne in mind which makes this guide particularly useful.

There is a detailed chapter on rehabilitation which is often the way lawyers can make a real and early difference to the quality of life of someone who has been seriously injured, and there is a particularly helpful discussion on how to go about finding a suitable rehabilitation provider, and the potential sources of funding for rehabilitation

Funding of catastrophic injury claims is considered in a separate chapter of its own, contributed by John Foy QC and Robert McAllister.

The guide is up-to-date with the provisions of the Mental Capacity Act 2005, and provides a summary of the Court of Protection Rules 2007. Fees and costs in the Court of Protection are summarised, including fees relating to deputies and their supervision.

There are separate chapters on the gathering of documentary and witness evidence, as well as expert evidence, and the tactical considerations relevant to the gathering of that evidence. The guide contains model directions, a model letter of instruction to an expert, and a model agenda for expert’s joint meetings.

The book also contains a number of chapters by other contributors on specialist topics, including specific medical issues.

Maggie Sargent has written a very perceptive chapter on care and case manager expertise. Nicholas Leng, consultant neuropsychologist, has written a chapter on brain injury, including discussions on effort and malingering.

Brian Gardner has provided a detailed chapter on complete and incomplete spinal cord injury, injuries associated with spinal cord damage, and the effects of spinal cord damage which are essential for any practitioner dealing with such a case to be aware of. He also discusses the effect of those injuries on a claimant’s functioning in a more practical sense and what this may mean in terms of persistence and support for the claimant. There is also a brief discussion of life expectancy. The chapter contains a helpful summary of the headings one would expect to see in a report of a spinal cord injury case.

It is not unusual for there to be significant psychiatric reaction to a catastrophic injury, and Martin Baggaley, consultant psychiatrist, contributes a chapter addressing this which contains a highly relevant discussion of the types of psychiatric injury that may follow such trauma, including a discussion about chronic fatigue/ME, chronic pain injuries and somatoform disorders. The discussion includes sections on reliability, and vulnerability to psychiatric injury.

Dr Sooriakumaran, consultant in rehabilitation medicine contributes a chapter on prosthetic rehabilitation of traumatic amputees, considering the various types of amputation, their advantages and disadvantages, and how they may affect the subsequent use of a prosthesis. The differing types of prosthesis are discussed in detail, as well as the phases of lower limb rehabilitation which it is vital for the practitioner to understand. There is also a section on recent advances both in amputation surgery and in prosthetics which may be relevant to how an award is presented.

The bottom line in any claim is going to be the amount of compensation that can be recovered, and the way in which it is recovered, to provide the maximum amount of benefit to a claimant who has undergone a serious injury, and as one would expect in a guide such as this, there are detailed chapters addressing the calculation of quantum, including an example of a Schedule of Loss in a catastrophic injury claim. Discussion of all the key usual heads of loss is addressed, and there are separate chapters addressing the calculation of lump sum awards, with a discussion of the calculation of both multiplicands and multiplier, in particular, the effect of the sixth edition of the Ogden Tables introduced in 2007.

Another chapter is devoted to periodical payment orders, including the issue of indexation and the different types of periodical payment orders which the practitioner may want to consider; and periodical payments which may be ordered on an interim basis ahead of the final termination of quantum. How periodical payments may develop and considerations to be taken into account in determining whether or not a periodical payment would be a suitable avenue for the claimant to consider is discussed and the chapter includes a draft model periodical payments order and schedule.

The guide includes a chapter on statutory benefits and services which may be of vital importance to a claimant particularly before a claim is finalised, but it is of course essential for a practitioner to understand and be able to advise on what benefits may be available to a claimant, and the interaction of those benefits with a claim for damages. The chapter considers not only social security benefits but also care provided by the NHS and local authority care. An issue which is raised by defendants perhaps more in serious injury rather than catastrophic injury claims. There is a chapter on fraud and malingering, including a detailed discussion about the use of video evidence.

The guide ends, appropriately, with a chapter on ADR and a discussion of both round table meetings and mediation.

Overall I found this to be an excellent guide which I would like all the lawyers in my department who act for claimants that have undergone serious or catastrophic injury to be familiar with, and I would unreservedly recommend it to those practitioners working in the field.

Marina Van Vessem is a partner at Barcan Woodward Solicitors, Bristol

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