Securing safety, rehabilitation and a multi-million-pound settlement for a vulnerable client

Our client sustained a brain injury after being hit by a car while crossing a poorly lit minor road at night. The vehicle was travelling at low speed, but the impact still caused significant harm.

Due to the nature of his injuries and his longstanding vulnerabilities, our client required a litigation friend to act on his behalf throughout the claim. This is because he had no insight into his condition, struggled to make safe decisions, and was unable to engage reliably with professionals. His litigation friend, who was a close family member, ensured that decisions about his case, his rehabilitation and his safety were made in his best interests while he was unable to do so himself.

A litigation friend is someone who makes decisions on behalf of a person who cannot safely make those decisions themselves. They act in the client’s best interests, ensuring their case, rehabilitation and safety needs are properly managed.

Our client was intoxicated at the time of the incident. He was wearing dark clothing and stepped into the road without looking, in an area that was poorly lit. Although the defendant wasn’t speeding, the collision resulted in catastrophic injury.

The client’s background added further complexity. He had a long history of vulnerabilities, including:

• Previous brain injuries
• Alcohol misuse
• Drug misuse

These factors needed to be handled carefully within the case to ensure his situation was fairly represented.

The defendant argued that our client lacked capacity before the RTC, and that his pre-existing conditions were responsible for the majority of his difficulties. This meant addressing the complex issues of causation and contributory negligence from the outset, supported by detailed expert evidence and a clear analysis of his medical and social history.

This was a demanding and sensitive case, and the combined work of Polly Herbert (Lead Lawyer), Sarah Ouko and Lydia Scales was central to achieving a safe and positive outcome for our client. The team worked closely together throughout, responding not only to the legal challenges but also to the client’s day-to-day vulnerabilities.

From the outset, the team took time to understand the client’s medical, social and personal history. This meant reviewing more than 17,000 pages of records to build a clear picture of his past injuries, vulnerabilities and the support he needed. This careful groundwork allowed us to challenge the defendant’s arguments around capacity and causation and to present a fair and accurate account of the client’s situation.

Given the client’s vulnerability, early rehabilitation was essential. Within just two months, Polly Herbert secured a six-figure interim payment from the High Court. This funding allowed our client to access inpatient neurorehabilitation at a critical moment, providing structure and safety while longer-term plans were developed.

Despite the High Court ordering a substantial first interim payment, interim funds did not remain forthcoming which posed a significant risk of our client losing access to critical rehabilitation in periods of crisis. The team continued to push for funds and were successful in a number of contested interim payment applications in the High Court against a large defendant in a matter of only months. 

When our client’s mother became terminally ill, he wanted to move closer to her. A 24/7 community support package was initially agreed, but Adult Social Services withdrew their commitment within 24 hours, leaving him alone and at significant risk.

Although our team were not part of the Court of Protection proceedings, a full multidisciplinary response was coordinated. The team comprised of leading counsel Darryl Allen KC, a Financial Deputy and treating clinicians to challenge the decision and push for the support the client urgently needed. This work continued for 18 months, ensuring our client wasn’t left to navigate the situation alone.

A turning point in the case came through the relationship Polly built with our client. Through regular one-to-one meetings, she helped him understand the importance of accepting support and making safer choices. With time, he agreed to morning and afternoon support visits and allowed safety measures, such as a Ring Doorbell, to be installed at his home.

His mother described Polly as “the only professional he trusted”, and this trust was vital in keeping him safe while the wider legal and social care issues were resolved. When his mother became terminally ill, the team quickly applied to the High Court to substitute her within proceedings and provided our client and his wider family with ongoing support.

Our Client regularly contacted the team and utilised them as a branch of support within a complex dynamic of professionals.

The legal claim concluded with a multi-million-pound settlement, providing long-term financial security and access to treatment and support.

The continued advocacy from the team for our client, pushing professionals involved in complex welfare proceedings meant that Adult Social Services ultimately agreed to fund an alcohol detoxification programme and follow‑up inpatient neurorehabilitation, giving our client the safe environment and structured support he urgently needed.

This outcome means our client can now live safely, with the right support around him, a significant step forward for a vulnerable man who had previously been written off by society.

Since starting the inpatient programme, our clients family advised that he is progressing considerably and has particularly enjoyed becoming engaged in gardening and photography.  

This case shows the full impact of catastrophic injury work, where vulnerable clients and risks demand legal skill, compassion and diligence.

The true success of this case lies not in the multi-million-pound settlement, but in ensuring our client survived an extremely vulnerable period, stabilised, and finally received the care and support he needed.