Grant Incles, Barr Ellison is partner and head of personal injury at Barr Ellison.
Grant qualified into personal injury in 2004 and has been dealing with life-changing injury cases almost exclusively since 2008.
His most significant work experiences before moving to Barr Ellison Law were at Stewarts Law and Leigh Day over a combined period of around 13 years.
During that time, he developed expertise across a range of cases involving road traffic collisions, and employer’s and public liability.
Grand now leads team representing people and families who have been affected by major trauma with the greatest possible care.
What makes brain and spinal cord injury claims different from general personal injury claims?
As a practitioner it is important that I try not to generalise as it could lead to complacency, which is of no benefit to my client.
I must try to get the best understanding I can about who my client is as early as possible, and to always understand that any one person’s adjustment to life after serious injury shouldn’t be compared to any other’s.
In this way I ensure that every decision I take in their case is in their very best interests.
What I would say is that the influence of emerging technology and medical advancements is so important to maximising recovery and damages outcomes that anyone operating in this field has to constantly ensure they are up to date.
How important is it for clients to appoint a lawyer who specialises in brain and spinal injury claims?
It is vital.
The work involved in formulating and negotiating these largest of injury damages cases is complex, and the knowledge and skills required are hard-earned.
Not only do you need your individual solicitor leading your case to hold this experience, firms which specialise in these cases must have the right approach and structure to support the Claimant and their families.
Everything from the size of caseloads, method of communications, commitment to training and expertise, and nurturing of relationships with case management companies, expert witnesses and Defendant representatives, and more, has to be considered with the bespoke needs of this client community in mind.
Could you share an example of a particularly challenging case, and how you overcame the obstacles to achieve a positive outcome for your client?
There was a time, thankfully not so much anymore and before the acceptance of conditions such as Post-Concussion Syndrome, when Defendant representatives found it very hard to accept those consequences of brain injury which are not immediately visible or obvious.
I remember the first client I ever arranged to have an MRI scan with Susceptibility Weighted Imaging (SWI).
He had fallen from height at work. The loss of consciousness was reported to be a matter of seconds, and his GCS (Glasgow Coma Scale) was recorded at 15 at the scene.
He was nevertheless suffering with fatigue, loss of concentration and short-term memory issues two years after the incident which had prevented him from being able to return to work.
The Defendant’s expert neurologist and neuropsychologist concluded there was only minor, if any, traumatic brain injury and his difficulties were all psychological in origin and he would be back to pre-incident normality after 10 to 12 sessions of therapy.
One expert indicated that the Claimant may have been “malingering”.
The SWI technology was relatively new to PI solicitors then and we were aware of the danger of a false negative in the result, but we sent the client for the scan and it showed clear changes which were best explained by a Diffuse Axonal Injury sustained in the fall.
The result was a very significant seven-figure damages sum which helped the client to achieve a good level of rehabilitation and, eventually, a successful return to part-time employment.
Can (and should) a client change their lawyer if they’re unhappy with how their case is progressing?
Litigation is such a difficult time for seriously injured claimants, it is essential that every part of the team of people helping them to rebuild their lives is working optimally.
If a client feels at all unsure the solicitor they have engaged is not an expert in their field, or unable to give 100 per cent attention to their case, they have every right to raise those concerns with the lawyer.
If not satisfied with the response, not only can that client seek alternative advice, they must do so. It is too important a process not to and you only have one chance at it.
That goes for any professional working with the Claimant as well.
If you are a case manager, or therapist working with a Claimant and you are made aware of any doubt a solicitor is doing the very best they can by the Claimant, you should guide the client towards considering alternative representation.
What do you look for when appointing or working with members of an MDT?
Once I have helped the Claimant select the best Case Manager for them, who should be someone I have worked and whose expertise I trust, I will generally entrust the selection of the individual members of the MDT to the case manager.
Two things are very important though; (1) that the fine balance between support and encouragement of independence is found and (2) the communications from the MDT members include regular written updates to enable me to keep the money flowing from the paying party for the client’s care, with accompanying clear and well-organised notes.
Really good, full support worker notes in particular are like gold dust to the legal team!
How vital a role can the right MDT play in a client’s recovery and overall outcome?
I have seen some unexpectedly incredible outcomes following the most severe of injuries and I am sure a well-selected MDT of experts in their fields, all pulling the same direction, is at the very heart of it.
What have been your career highlights so far?
Both the first instance and appeal judgments in the case of Swift v Carpenter, but particularly the decision of the Court of Appeal.
This was a case that made a real difference to the future damages awards for seriously injured people in that it righted an injustice in the way damages for the purchase of special accommodation was calculated.
I was the solicitor in the case throughout and was privileged to witness the bravest and most altruistic Claimant resisting incredible pressure from both sides of the personal injury spectrum to settle her case, but sticking to her guns and ultimately being rewarded with the best the civil justice system has to offer.
I will also never forget the Claimant I supported through a six-day trial in the face of unfounded allegations of Fundamental Dishonesty, the finding which often leads to a contempt hearing and even imprisonment.
Watching her undergoing brutal cross-examination for almost 2 days, followed by 2 months of waiting for the judgment was as low as I have ever felt professionally, but when the decision landed, completely vindicating the Claimant and awarding very substantial damages, my telephone call with the Client was one of the best moments of my career to date.
What do you enjoy doing outside of work?
I have four children, all of whom are a source of immense pride.
If I am not running around after them, you will find me walking the dog in the woods with a Stevie Wonder album playing unhealthily loud in my earphones.
Find out more about Barr Ellison at barrellison.co.uk
