Changing the law
BTMK Injury represented H who suffered injuries and losses arising from abuse to which he was subjected whilst resident in a care home. At the hearing of the case the claim was dismissed on the basis that it was time-barred, the law then being that a 6 year limitation period applied which could not be extended and which had elapsed in this case. BTMK took the case on appeal to the House of Lords where the Lords overruled their own earlier decision as to the limitation period applicable to claims arising from deliberate assaults. As a consequence H was able to recover compensation from the owners of the care home and many others will have been able to successfully pursue claims of this nature which may previously have been time-barred.
Birth injury cases
BTMK Injury has successfully represented a number of children in relation to claims arising from injuries suffered at birth. These are invariably tragic cases involving devastating injuries and whilst never adequate monetary compensation can at least improve quality of life. Examples of cases in which we have acted are A – gross award in excess of £5 million and C- a lump sum award of £650,000 and lifetime periodical payments for care.
Alan Bacon represented the father and children (triplets) of a lady who tragically died following the birth of the children. The case was that the death of the mother was avoidable and attributable to the negligence of the Hospital. Although liability was not disputed the parties were unable to agree on compensation terms and the case proceeded to Trial. During the course of the hearing, the Hospital increased its overall offer to £850,000 and the case was settled on that basis with the Court approving such settlement.
B & others – Road Traffic Accident
BTMK Injury represented 13 victims of a serious road traffic accident, all of whom were under the age of 18 at the date of such accident. A group of teenagers, including these 13, had congregated outside a property in a residential road where a party was being held. A car traveling along the road went out of control and collided with the group. The 13 claimants suffered injuries of varying severity, but all claims were settled successfully without the need for any Trial.