Personal Injury Solicitors

A judge sitting in the High Court in London has refused to allow an NHS trust to withdraw an offer it made to a patient who suffered permanent brain injury after a fall.

The Law Society Gazette reports that Mr Justice Leggatt ruled that it was wrong in principle for the as defendant in the case – the Royal Wolverhampton Hospitals NHS Foundation Trust – to withdraw its offer of a £325,000 settlement to Jayne Evans, the claimant in the case.

The offer was made to Ms Evans on 3 July this year and she accepted it within the stipulated 21-day decision period as required under Civil Procedure Rules.

However, on 24 July, the trust issued an application for permission to withdraw the offer it had made to Ms Evans without her being advised of this.

Despite Ms Evans not being advised of the trust’s application to withdraw the offer, on 7 August His Honour Judge McKenna granted permission to the trust.

Mr Justice Leggatt subsequently ruled that granting the trust’s request to withdraw its part 36 offer without notice of this being served on the claimant amounted to a denial of justice.

“The right to apply to have the order set aside is only real and meaningful if the party against whom the order was made (the respondent) is told the grounds on which the order was sought and made; and is shown the evidence on which the application relied,” he said.

He ruled that the trust either serve the evidence and justify why it wanted to withdraw the offer it had made to Ms Evans – or the court would rule in her favour.

The trust had asked the court for “breathing space” in disclosing evidence as to why it wished to withdraw its offer.

However, Mr Justice Leggatt said granting an adjournment would be “unlawful and improper” without Ms Evans being advised of the trust’s application to withdraw its offer – or the evidence as to why it wished to do this being provided.

“It is manifest that, unless the respondent [Ms Evans] knows the case it has to meet, it cannot adduce evidence or advance arguments to persuade the court that it was wrong to make the order,” he told the court.

A spokesman for the Royal Wolverhampton NHS Foundation Trust said after the hearing:

“This matter is awaiting a further hearing and it would not be appropriate for the trust to comment at this stage.”

The trust had made the offer after admitting negligence when it failed to admit Ms Evans overnight, following a fall which left her with a permanent brain injury.

Duncan Lewis Personal Injury Solicitors – Brain Injury Claims

Duncan Lewis is a leading firm of personal injury solicitors and can advise those who have suffered brain injury as a result of another party’s negligence on how to make no win no fee Brain Injury Claims.

Brain injury claimants have three years after the date of diagnosis of the injury in which to make a no win no fee compensation claim. Children can make Brain Injury Claims for up to three years after the age of 18.

Parents or guardians can also help a child claim Brain Injury Compensation before the age of 18, by acting as the child’s Litigation Friend in the case. Your Duncan Lewis personal injury solicitor will be able to explain how to do this.

Duncan Lewis personal injury solicitors can also advise the family of a loved one with a serious brain injury who is unable to make a claim themselves, on how to make a no win no fee brain injury compensation claim on their behalf.

For expert legal advice on no win no fee Brain injury Claims, call Duncan Lewis personal injury solicitors on 020 7923 4020.