Property & Affairs
Property and Affairs
We can provide expert witness statements, for both claimant and defendant cases in personal injury and medical negligence cases, detailing the costs of a professional deputy to act throughout the lifetime of the claimant. We also provide Litigation Friend services.
Following the case of Eagle v Chambers, the court has acknowledged the importance of appointing a professional deputy in significant damages claims. We often advocate the use of an experienced professional deputy in such matters, preferably from the outset, to ensure protected parties’ financial affairs are appropriately managed (please click here for more information on our Professional Deputyship Services).
When instructed, we help prepare the right figures to put into a (counter) schedule of loss and properly quantify the Court of Protection fees that are payable in a case. We have seen schedules which significantly undervalue a client’s claim in this regard, and this can seriously prejudice the claimant in the future; but equally from a defendant’s perspective it is vital to ensure the costs claimed are reasonable and proportionate. Schedules in Court of Protection cases can extend to £500,000 or significantly more and therefore it is important that they are valued properly to ensure that the claimant’s interests are fully protected. If a Court of Protection claim is undervalued, and the claimant requires the service of a deputy for their lifetime, this will result in their other special and general damages being used to pay for the ongoing deputyship costs. This will then limit the funds that can be utilised elsewhere for care, rehabilitation and accommodation, amongst others.
We are acutely aware the expert’s duty to the Court in valuing a claim in an independent manner, and are particularly mindful of the judgement in Muyepa v MOD, in which the balance of an expert’s workload was considered when assessing their credibility. We are proud to work with claimants and defendants, and thus for our reputation in giving a balanced view.