RS was a resident in the Isle of Man and a keen motor cyclist when he sustained a devastating brain injury in a road traffic accident in February 1999. The period of hospitalization and rehabilitation was long but eventually he was ready to return to the Isle of Man on a full time basis. His wife supported him unstintingly throughout which involved her resigning her job in the Isle of Man to live locally to the various rehabilitation units settling near the Leonard Cheshire Home at Offerton for some 18 months.
An application was made for a substantial interim payment fought by the defendant insurer. It was crucial to this claimant that the practical exercise of buying, equipping suitable accommodation and recruiting carers on the Isle of Man was undertaken. It was my expectation that everything would be more expensive on the Isle of Man and unless the practical exercise was undertaken it would be impossible to fully quantify the claimant's case to an appropriate level.
The paper exercise was never going to demonstrate the true value of the claim and indeed even though the claimant was 47 at the date of settlement the defendants paid into court which payment was accepted £5.4 million in January 04.
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