Ruth Booy acted on behalf of Mrs Billingsley who had suffered a subdural haematoma resulting in severe brain injury as a consequence of a road accident.

Settlement was sought on the basis of periodical payments for life-long 24/7 care in a specialist brain injury rehabilitation centre, to fund case management services and for Deputyship fees. The defendant resisted periodical payments stating it was a captive insurer registered in the Republic of Ireland and therefore fell outside the Financial Services Compensation Scheme (FSCS).

Mrs Billingsley secured Judgement confirming that the defendant insurer was covered by the FSCS and therefore continuity of payment was reasonably secured within the terms of Section 2 of the Damages Act 1996.

Settlement of the case was approved on the basis of a lump sum of £430,000 with annual payments for life of £115,000.

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Billingsley v UPS Ltd QBD 10 December 2012