Strategic Litigation Advice for Personal Injury Solicitors

Our national team have considerable expertise in community care matters and can offer clear and bespoke advice in respect of:

• The implications of personal injury settlements (including periodical payments) on client’s entitlement and eligibility for statutory funding (both health and social care)
• All aspects of double recovery
• Reverse indemnities and Peters’ undertakings in high value personal injury cases, including drafting reverse indemnities and advising in respect of those proposed
• All aspects of publicly funded health and social care, including:
  • Care Act assessments
  • CHC eligibility
  • Section 117 aftercare funding under the Mental Health Act 1983
  • Financial assessments
  • Direct payments/personal health budgets. This can include current arrangements/entitlement, and likely future entitlement.
• Liaising with relevant statutory bodies where a client is likely to be in receipt of a personal injury award, in order to clarify the statutory framework where there may be any shortfall in liability
• Re ACC applications
• Disputes with attorneys
• Applications to the High Court and/or the Court of Protection to discharge existing undertakings and reverse indemnities which prevent clients from accessing statutory funding
• Judicial review.

We are well-versed in meeting with specialist personal injury counsel and independent financial advisors to ensure that advice is practical, clear and effective.  

We are happy to provide written advice, attend conferences and to be ‘on hand’ during joint settlement meetings to advise on any strategic litigation issues which arise during the course of negotiations.