Tony Goff successfully acts for brain injured 7-year-old at contested application hearing for interim payment

July 7, 2021

Tony Goff from Exchange Chambers, instructed by Irvings Law, has successfully represented the interests of a 7-year-old Claimant at a contested application hearing for an interim payment to fund rehabilitation and the purchase of accommodation.

Three years ago, the claimant was a passenger in a car which was involved in a road traffic accident. She sustained severe brain injury and has been left with enduring behavioral and cognitive difficulties, among others. A team of therapists, organised by a case manager, provides support including occupational therapy, education psychology, clinical psychology and positive behaviour support therapy. This has been funded by interim payments totaling £400,000 paid after a series of contested applications.

This application for a further £500,000 was wholly successful as the claimant demonstrated a real need for accommodation as a consequence of behavioural problems caused by the severe traumatic brain injury sustained in the accident.

In his judgment, Mr Justice Robin Knowles CBE, relying upon Eeles II, said:

“I am satisfied on the evidence that there is a real need for the interim payment requested, that there is a real need for accommodation now (as opposed to after the trial) and that the amount of money requested is reasonable…in the circumstances of the present case, I will order a further interim payment in the amount sought of £500,000.”

To read the full judgment please click here.

Tony Goff is a member of the Personal Injury team at Exchange Chambers.