Blog
The shocking state of maternity care in England – will somebody finally listen?
James Bell
Laura Vincent-Evans recently settled a case taken over from another firm of solicitors, achieving a settlement of approximately £100,000 over their initial valuation.
Our client was seriously injured in a road traffic accident in 2022, sustaining significant ophthalmic injuries, soft tissue injuries to his cervical spine, right shoulder, right elbow and chest wall, and a laceration to his head.
Despite the complexity of his injuries, his original solicitors — appointed by his insurer — submitted the claim through the Official Injury Claim (OIC) portal, designed for lower-value claims under £10,000, referencing only the soft tissue injuries. The ophthalmic injuries, which were the more significant of his injuries, were omitted entirely. Liability was admitted by the defendant's insurer in 2022 on that limited basis.
The claim was later moved to the MOJ portal (a route for claims valued between £10,000 and £25,000),but was again submitted without reference to the ophthalmic issues, despite having noted on their file that these needed to be included. In February 2024, the defendant's insurer admitted liability in the MOJ portal but immediately queried the appropriateness of the claim being in this portal since it was submitted as a claim for soft tissue injuries only.
By this point, our client had endured almost three years of what he felt was inadequate representation and had made a large number of complaints to his solicitors. In August 2025, he therefore made the decision to seek alternative legal representation and instructed Kingsley Napley to take over the file.
Upon receipt of the original firms file, Laura undertook a thorough and methodical review of everything that had gone before to identify what had been missed. This review quickly identified several critical failings including the failure to properly incorporate the ophthalmic injuries into the claim and a previously noted psychological impact had not been investigated at all. Despite being almost 3 years post-accident, no witness statement had been prepared and no proper investigation of the impact on the client’s career had been considered. The case had not been progressed as a Multi-Track (high value) claim as was clearly warranted despite the original firm appearing to have eventually recognised this internally.
A psychological report was commissioned, which confirmed our client had developed an Anxiety Disorder and moderate travel anxiety as a result of the accident, with Cognitive Behavioural Therapy recommended for recovery. Laura also worked to quickly bring the previously obtained medical evidence to a position where our client’s injuries could be quantified. Additionally, careful consideration was given to the loss of earnings position as our client was the sole fee earner a company he ran with his wife, receiving PAYE income and dividends.
Court proceedings were issue and served, shortly after which settlement of £110,000 was achieved in March 2026 - more than 11 times the value the previous solicitors had initially put on the claim.
This case illustrates what can go wrong when a claim is not properly investigated from the outset, and once again highlights the dangers of not using specialist legal representation to bring a complex case.
If you feel that your claim is not being handled as it should be, it is never too late to seek a second opinion and transfer your claim to new solicitors.
Making the right choice – Why section 2(4) of the Law Reform (Personal Injuries) Act 1948 should not be repealed
The Medical Defence Union is lobbying Parliament for changes to laws relating to clinical negligence claims. It has written an open letter to the Chancellor of the Exchequer for ‘decisive action to tackle soaring legal costs’. Among its requests, the MDU is repeating its position that section 2(4) of the Law Reform (Personal Injuries) Act 1948 should be repealed. This legislation requires awards of compensation for future care needs, to be based on the cost of future private care and to disregard the availability of treatment within the NHS.
Compensating for ‘lost years’ – It’s time to iron out the inconsistencies
Claiming compensation for ‘lost years’ within cases for personal injury and clinical negligence is an area which many find highly confusing. As it stands the law allows adult and adolescent claimants to recover compensation for sums they would have earned had they not been injured and their life expectancy reduced.
Patient Safety Awareness Week
Despite ongoing improvements in patient safety, medical harm remains a leading cause of death worldwide, according to the Institute for Healthcare Improvement (IHI). As a result, the institute is redoubling its efforts to highlight the problem during its annual event – Patient Safety Awareness Week – running from 12 – 18 March 2023.
Proposed changes to the Highway Code: will they improve safety for cyclists and other vulnerable road users?
Over the summer, the government suggested changes to the Highway Code to improve road safety for vulnerable road users. If the proposals are approved, they will change how pedestrians, cyclists and motorists are expected to behave on Britain’s roads.
Lady Brownlie successful in the Court of Appeal
Brownlie v FS Cairo (Brownlie No.2)
The Court of Appeal has today handed down its judgment by a 2-1 majority has rejected the Defendant’s jurisdiction challenge in this case.
Living with a Spinal Injury
Sustaining a spinal injury is a life changing event. A variety of symptoms can present. For example, loss of limb function, sensory disturbance or loss of bowel and bladder function. This makes it essential that an individual who has suffered a spinal injury accesses specialist medical and rehabilitative treatment as soon as possible to achieve the best possible outcome.
The performance of kindness in medicine and its impact on medical negligence
Can being kind improve the delivery of medical assistance? I think it may well have an impact on the numbers of medical negligence claims brought against the NHS.
Jurisdictional Gateways in Personal Injury claims
Lady Christine Brownlie (Claimant) v Four Seasons Holdings Incorporated (Defendant) and FS Cairo (Nile Plaza) LLC (Proposed Defendant)
Personal Injury and Medical Negligence Limitation Period
If you are considering claiming compensation for medical negligence or personal injury, it is important to be aware of the time limit for making a claim. This time limit is known as the ‘limitation period’.
Settlement of Medical Negligence Claims
As solicitors who represent seriously injured children and adults in clinical negligence claims, we are aware that, while Claimants need access to compensation, they may be worried by the prospect of a trial.
Will Oxfam and other charities face legal claims for sexual abuse?
This might be a legal minefield, but it should not be an ethical one.
FAQs: Compensation for victims of crime
For many of those affected by crime, reporting the offence to the police or even securing the conviction of the perpetrator can fall short of remedying the damage sustained. It may be that the injury and trauma are so severe that additional funding is required for medical care, household adjustments, or even future therapy.
A short guide to the accommodation conundrum
For those hoping for confirmation of what approach the judiciary is going to take now that JR is settled, sadly, this blog cannot provide that. However, this blog does take stock of the current situation, looks at how we got here and tries to offer some insight into where we might be going.
Medical Negligence: who are the best experts?
Medical experts are key to success in any medical negligence case. Given their ability to make or break a case, what is it that we look for in an expert?
Going the Distance with the Spinal Injuries Association
On Sunday 17th September 2017, members of the Kingley Napley clinical negligence team participated in this years’ edition of the Going the Distance walk organised by the Spinal Injuries Association (SIA).
What next? Life after a spinal injury
Spinal injuries are unpredictable and life changing. The location of the injury is key, and generally speaking the higher up the injury, the more severe the consequences. An injury is classified as complete or incomplete depending on whether strength or sensation is preserved below the level of injury.
Coping with brain injury: The impact of acquired brain injury on families and caregivers
The impact and consequences of an acquired brain injury (ABI) can reach far beyond the injured survivor. Relationships and family roles can be instantly and dramatically changed and no family unit can ever be truly prepared to deal with an ABI, especially when it occurs through someone else’s fault.
Central Cord Syndrome
The spinal cord relays information from the brain to the rest of the body, and sends signals about the rest of the body to the brain. If the spinal cord is damaged, messages travelling from the brain to the rest of the body are disrupted and can result in a loss of sensation and movement from below the point of injury.
Kingsley Napley Clinical Negligence team attends the RDA National Championships
Bridget Hughes, Kirsty Allen, Suzanne Farg and I attended the Riding for the Disabled Charity’s National Championships last weekend, at Hartpury College. Kingsley Napley were one of the proud sponsors of the event and we went along with open minds and a sense of intrigue about what to expect.
Types of Spinal Cord Injuries
Over the past few weeks our blogs have looked at spinal and back anatomy and the common causes of spinal cord injury. This blog looks at the types of spinal cord injury that can occur and provides a summary of the 6 clinical syndromes all of which present in a slightly different way.