Judge: John Leighton Williams QC
Citation: Unreported (Case No. HQ08X00169)
Summary: We mention this case in passing as an example of the interface between personal injury proceedings and the Court of Protection’s welfare jurisdiction. It concerned a man who had suffered substantial injuries in a road traffic accident, and who was likely to receive significant damages. An application for an interim payment was made, to fund a trial of community living, instead of continued placement in residential care. The Defendants opposed the application in part on the basis that it was not in S’s best interests to live (at greater cost) in the community, according to experts instructed by them in the personal injury proceedings. There was clearly a dispute as to S’s best interests, and the QBD judge noted that he was not the person to resolve the dispute, which was a matter for those caring for S, subject to the supervision of the Court of Protection. Applying the relevant case-law on the issue of interim payments, and not having regard to best interests considerations, the judge ordered the interim payment but observed that ‘Claimant’s solicitors should not regard my decision as in any way encouraging trial runs of community living at insurers’ expense’.