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Justice & funding

Litigation, rehab funded through legal claims, and commissioning that pays for rehab.

  • Court in the wheels of progress
    Legal18 Nov

    The Court of Protection (CoP) makes decisions on financial and welfare matters for people lacking mental capacity. It was created under the Mental Capacity Act 2005 and has a range of responsibilities, including deciding whether an individual has mental capacity, and appointing deputies to make decisions for people who lack it. Deputies may be a friend or relative of the individual, or a professional such as a solicitor or accountant appointed by the court. The CoP can significantly influence the work of professionals with clients with brain injuries and neurological conditions.

  • Addressing the paradox of employers’ liability insurance
    Legal5 Nov

    If an individual suffers an injury on the road through the negligence of a driver, they will recover compensation.

    This is because of the provisions within Section 143 of the Road Traffic Act 1988.

    Even if there was no insurance attaching to the vehicle, the Motor Insurers’ Bureau would satisfy any unsatisfied Judgment. But there are numerous cases in which insurers in road traffic accident cases have tried a variety of methods to avoid liability including seeking a statutory declaration, asserting that the insurance policy is only relevant if the policyholder was driving or in the vehicle, and stating that the use of the vehicle was different to that which was insured.
  • The role of a serious injury lawyer in rehabilitation
    Opinion8 May

    By David Withers, partner in the serious injury team in Irwin Mitchell’s Sheffield Office.

  • The role of case managers in serious injury litigation
    Case management18 Mar

    The role of a case manager is to manage a “collaborative process of assessment, planning, facilitation, care co-ordination, evaluation and advocacy for options and services to meet an individual’s and family’s comprehensive health needs through communication and available resources to promote quality cost effective outcomes[1].” The role of a Claimant solicitor in the litigation process is to represent the needs of the injured person and to manage all phases of the litigation towards settlement or trial. It is a process of collating and presenting the evidence that is required to ensure that the award agreed between the parties or made by the Court is fair and correct.

  • Court in the storm
    Legal6 Jul

    When the rape of a Manchester woman with learning difficulties came to trial in 2012, everything hinged on her memories of the ordeal. In the cold light of the courtroom, under intense scrutiny from the defence barrister, her muddled mind began letting her down. Timelines became skewed, details foggy and responses inconsistent. Yet somewhere inside [...]

  • New case management and litigation conference launched
    Case management23 Mar

    Wetherby-based healthcare equipment company Innova Care Concepts has launched its own free conference for people working in case management and litigation. The Litigation Project Conference, at Wetherby Racecourse on 22nd May 2018, is free for all private occupational therapists, case managers, solicitors and other professionals involved in new-builds and refurbishments of properties for disabled clients. [...]