The case of Tomlinson v The Ministry of Defence

Background:

Mr Tomlinson sustained a severe brain injury as a result of shrapnel injuries received while on a live training exercise in Oman in 2002. As a result of his injuries Mr Tomlinson suffers from dysexcutive syndrome. He lacks concentration, has a short temper and very poor memory, and is impulsive. He is a risk to himself and others. Although physically able the judge held he requires 24 hour care and will never work again.

Since the accident the Claimant's wife has been his principal carer but this role caused her health to deteriorate and placed extreme pressure on their family unit.

Paul Rose Q.C. acted on behalf of the Claimant, instructed by Paul Harrington of McCool Patterson Hemsi & Co. and by Angela Kerr of AKA Case Management.

The High Court's Award:

In the High Court HHJ Foster QC (sitting as a Deputy of the High Court) awarded the Claimant general damages of £140,000

Other cases, while not providing the same high financial benefits can still have success, providing a good quality of life for the client and lasting support.

Effective results depend crucially on expert advice at all stages from specialist Case Managers, lawyers and solicitors. As regards future loss, the most significant award was for future care. The Judge concluded that the Claimant needed a professional 24 hour care regime which should start immediately. He awarded £114,630 p.a. the capital value of future care is £2.98 million. The question of whether that head of claim should be subject to Periodical Payments has been adjourned pending the Court of Appeal decision in Thompstone v. Tameside & Glossop Acute Services NHS Trust. The Judge also awarded the Claimant future loss of earnings and pension in the sum of £741, 045.

The told award was just under £4.7 million and this was upheld by the Court of Appeal.