Injunction preventing specialist education lifted for brain injured client
Our client was 14 when Jill was instructed. This was 12 years after the accident had occurred. The matter had been pursued for 12 years previously by alternative solicitors who had not brought it to a conclusion.
At the time of instruction our client was attending a school that a number of her experts felt did not meet her needs.
The previous solicitors had entered into an agreement with the defendants that they would not move our client to another school before a hearing in relation to her education had taken place before the High Court.
There was effectively an injunction in place that meant our client could not move schools.
This tactic we felt was being used by the defendants to ensure that they would not have to pay the cost of specialist school fees, which would inevitably be more expensive.
When Jill took over the claim she challenged the view that our client was not allowed to move schools.
The case was due to go to a trial on education when, the day before the hearing, the defendants agreed to lift the court order preventing our client from changing schools.
They also agreed to providing an interim payment of £50,000 which then allowed us to move our client to a more suitable school that provides high quality education, therapy and care but which specifically takes into account her acquired brain injury.
Our client is very happy at her new school and the indication is that she is making excellent progress.
In addition, in just over a year from instruction, the matter was brought to a successful conclusion. Our client received, when capitalised, in excess of £5 million.
After the case was settled, Jill Greenfield said:
"It was extremely hard work bringing this matter to a conclusion on behalf of the family but it was clear to me that they needed to have a fairly swift resolution.
"We worked hard to make sure that my client could go to a school more beneficial to her.
"It seemed to me to be quite wrong that the defence were endeavouring to tie my client in this way; seeking to prevent her from attending a school that has since proved to be so much more beneficial to her.
"It was quite extraordinary to see an injunction used against a child in such a way."
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For further information about brain injury claims and personal injury claims, please call Jill Greenfield on 03304606778 or email jill.greenfield@fieldfisher.com.
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