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Case Study

£850,000 disputed interim payment from Guy's Hospital to allow move

Paul McNeil applied to Mr Justice Calvert Smith for an interim payment to cover the cost of purchasing a suitable property and providing 24 hour care to Benson.

Benson was born on 19 April 2002 at Guy’s & St Thomas’ Hospital. He suffers from cerebral palsy which was caused by admitted obstetric negligence.

Benson’s injuries are very severe and he is totally dependent on his family for care and support which he requires on a 24 hour basis.

The solicitors acting for Guy’s and St Thomas’ Hospital accepted that Benson contracted cerebral palsy as a result of medical negligence in November 2006. But they refused to provide funds to enable Benson and his family to move to appropriate accommodation and to provide suitable care.

The dispute was resolved after a hearing before Mr Justice Calvert Smith who ordered that the defendants pay £850,000 to cover these costs on or before 8 October 2007.

The defendants argued that Benson was asking for too much money, despite their acceptance of Benson's needs, including that this present home was not suitable for him or his carers.

Mr Justice Calvert Smith awarded Benson the entire sum that was sought. Since the hearing, Benson's parents have purchased a house and it is presently being updated for Benson's needs.

Contact us

For further information about cerebral palsy claims and medical negligence claims, please call Paul McNeil on 020 7861 4019 or email


All enquiries are completely free of charge and we will investigate all funding options for you including no win, no fee.

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