Court of Appeal affirms extended role of solicitors in assisting catastrophically injured clients
In light of the recent case of Hadley v Przybylo, associate Ellie Miles explores the Court of Appeal’s judgment which has reinforced lawyers’ responsibility to engage with the early rehabilitation of catastrophically injured clients, while senior associate Lucy Lawson shares her perspective on what this means for her as a personal injury lawyer and signatory to the Serious Injuries Guide.
Life changing injury
When someone suffers a life changing injury as a result of negligence, it is often necessary for them and their loved ones to take each day as it comes and to focus on their immediate needs. This will include making sure their environment is appropriate and they have access to the treatment they need.
As advocates for injured clients, it is important for us to recognise these often much more pressing concerns as well as laying the groundwork to secure future financial provision for our clients.
The Court of Appeal’s judgment in Hadley v Przybylo (2024) has reaffirmed solicitors’ extended role in assisting catastrophically injured clients by recognising the need to proactively engage with our clients’ early rehabilitation.
The case of Hadley v Przybylo
In this case, the claimant suffered a catastrophic injury following a road traffic collision. Whilst the claim was ongoing, a rehabilitation package was put in place to support the claimant. At first instance, Master McCloud considered that the claimant solicitor’s attendance at rehabilitation case management meetings were not recoverable from the defendant in principle as she viewed that these costs did not progress the litigation.
She considered that the relevant information from these meetings, such as recommended future therapy and treatment, could be established through correspondence between a solicitor and case manager.
Court of Appeal's judgment:
In their judgment, which was handed down on 15 March 2024, the Court of Appeal overturned the original decision. The judgment refers to the Rehabilitation Code 2015, which says that:
“The claimant solicitor’s obligation to act in the best interests of their client extends beyond securing reasonable financial compensation, vital as that may be. Their duty also includes considering, as soon as practicable, whether additional medical or rehabilitative intervention would improve the claimant’s present and/or longer-term physical and mental well-being”.
The court recognised the claimant solicitor’s involvement in the claimant’s rehabilitation had been beneficial for both parties, and whilst the extent of attendance at these meetings would need to be reasonable and proportionate, it was decided that they were recoverable in principle.
As a specialist personal injury lawyer supporting those that have suffered life changing injury, I work with charities and rehabilitation specialists to help ensure that rehabilitation is available from the moment my client returns home from hospital. This is always at a very early stage and will be done regardless as to whether the circumstances have been fully investigated. It is key that I work collaboratively with rehabilitation specialists and my opponents so that my client’s needs are looked after from day one. Thankfully this judgment now gives clarity to enable this important extended role of the personal injury lawyer so we can continue to support our clients when they need it the most.
Lucy Lawson is a senior associate in the personal injury and medical negligence team. Lucy is a signatory to the Serious Injury Guide and acts for those who have suffered life changing injury as a result of negligence.
Ellie Miles, also in the personal injury and medical negligence team, acts for clients who have experienced delayed diagnoses and treatment, the mismanagement of medication, and injuries in childbirth and gynaecological care.
Get in touch
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