Richard Hartley KC has recently employed an innovative "two-house" approach in a complex traumatic brain injury case, setting a significant precedent in accommodation claims. This novel strategy, developed in collaboration with fellow barrister Tim Grover, addressed both the immediate and long-term housing needs of the injured party, presenting a more comprehensive solution than conventional methods.
The claimant sustained a severe traumatic brain injury as a child pedestrian in a road traffic accident. As he entered adulthood, a planned transition into supported independent living was trialled but proved unfeasible, even with professional support. It became clear that while the claimant would benefit from living separately from his family, he still required substantial care and proximity to his primary carers to ensure his ongoing rehabilitation.
Rather than relying on a single accommodation arrangement, Richard Hartley KC and Tim Grover advanced a case for two distinct living spaces: one adapted to meet the claimant’s immediate medical and care requirements, and the other designed to support long-term rehabilitation and independence. This approach allowed the claimant to develop essential life skills while receiving the necessary support from his family and care professionals.
Following constructive discussions with the Defendant’s representatives, it was agreed that the best course of action was to secure a substantial interim payment to fund the purchase of two adjacent properties, one for the claimant and one for his parents. The High Court approved the arrangement, determining that it met the criteria set out in Eeles v Cobham Hire Services Limited [2009] and was in the claimant’s best interests.
The success of this strategy was facilitated by collaboration with medical professionals and housing experts, ensuring a well-rounded solution that fully addressed the claimant’s evolving needs. Richard Hartley KC and Tim Grover worked closely to develop the legal argument, demonstrating a meticulous approach to securing the best possible outcome.
This case represents a pivotal development in the handling of accommodation claims in personal injury law, with their approach likely to influence future cases. By advocating for a model that prioritises long-term care alongside immediate compensation, they have set a new benchmark for a more tailored and enduring solution for seriously injured claimants.
For more information on this case or to discuss how Richard Hartley KC can assist with complex personal injury matters, please get in touch with his clerk at [email protected].
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