Court in the Middle. 9th July POINTS. St Pancras Renaissance Hotel, London. Accredited by APIL training. Sponsored by.

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1 5 POINTS Accredited by APIL training Court in the Middle St Pancras Renaissance Hotel, London 9th July 2015 Sponsored by Organised by Solutions

2 Fieldfisher Brain Injury Law I would like to congratulate you and your team for such a speedy and favourable outcome. It has been great knowing you as a person and professional Sarah s Parents "An extremely impressive team who are devoted to their clients." Saving Faces

3 5 POINTS Accredited by APIL training FOREWORD Court in the Middle Jill Greenfield Partner Fieldfisher Welcome to the 2015 Fieldfisher Neurolegal Conference. I am particularly pleased to welcome our speakers who will be giving us an insight into their world and the impact the Courts have on the life of those most seriously injured. When an individual suffers a serious brain injury the immediate impact is all too apparent. But families can find themselves caught up in a world of legalities that appears to monitor their every move. From medical decisions, financial decisions and their ability to recoup financial support, the law steps in. The paternal role of the Courts in these circumstances can be difficult to understand. Why should the law become so involved in what are family decisions? These decisions can affect the very core of the family and can often lead to disagreements and a level of distrust as to how the law is seen to endeavour to take control. In a time of change for families coming to terms with the impact of very severe injuries the burden and lack of control can be overwhelming. Today we look at the various Courts that can be involved. From a Welfare Deputy being appointed by the Court of Protection to the Official Solicitor actually taking control of the litigation on behalf of the injured person. Family and Criminal Courts are a daunting prospect but the breakdown in relationships and a change of personality can lead to matters ending up before these Courts. How do experts manage their involvement in these Courts and what is the expectation from the Courts. Are such Courts involved lifelong or can temporary measures be put in place. And what about the cases where the answer is not clear cut. Those who have faced the aftermath of a family member injured so severely are faced with a difficult and challenging road Sponsored by ahead and so to are their case managers and legal advisors. Can the Courts help the ease that burden or are their lessons that the Courts can learn from the families? I would hope that today will provide some clarity over the role of the judiciary in these cases. I do hope that you find the day a useful one and I would hope that it will give those attending the tools to understand what the real aims are and what is truly possible to ensure those so severely injured are afforded the protection they so badly need. Organised by Solutions 1

4 Court in the Middle 5 POINTS Accredited by APIL training Sponsored by 1 Sewardstone Close Sewardstone Close is a purpose built units for people aged 18+ with an acquired brain injury. We offer residential and nursing placements including respite services and intermediate placements to clients with all different levels of physical or cognitive ability. For further information about the service or to make a referral, please call or 1 Sewardstone Close Sewardstone Road, Waltham Abbey London E4 7RG A better quality of life At the Richardson Partnership for Care we offer specialist residential care and rehabilitation for adults with acquired brain injuries. We focus on providing: A place that feels like home Care packages to meet the needs of each individual Successful rehabilitation Regular clinical assessments Opportunities for social inclusion Regular supported home visits Our multi-disciplinary team provides specialist rehabilitation and support for even the most challenging individuals. Call us on to see how we can help your loved ones. The Specialist Brain Injury Support Worker Company. Providers of high calibre staffing solutions. Dedicated to raising support work standards for clients with Brain Injury in the community. Offices in Bedford, Bristol, Poole and Southampton. Bespoke reporting systems CQC Registered for adults and children The Richardson Mews, Kingsland Gardens, Northampton NN2 7BH RPC Advert - Brain Injury Handbook Q/P.indd 1 8/10/14 13:43:44 2 Organised by Solutions

5 5 POINTS Accredited by APIL training SPONSORS FOREWORD Court in the Middle Lesley Pope Director of Rehabilitation Services HCA International Ltd The Wellington Hospital and The Portland Hospital are delighted to be involved in such an interesting conference which presents a platform for those working in this field to come together to educate, inform and share experiences. In the Acute Neurological Rehabilitation Units at The Wellington Hospital and The Portland, we see the effects of any neurological event whether stroke, head injury or spinal cord injury and are well aware of the impact it has on both the client and their families. Even in less severe cases it is truly a life changing event for all concerned and the complication of litigation can only be an additional concern. Whether treating clinicians, case managers or solicitors, in cases such as these we have to be mindful and aware of the consequences of not working together to provide knowledge and guidance throughout the whole process. For the client, rehabilitation should be focused on recovery and re-learning of lost skills and not the stress and complexities of the litigation process which, for many clients, will be their first experience of such matters. This programme on managing complex neurological injuries through rehabilitation and litigation brings together speakers from both clinical and legal backgrounds to discuss current perspectives and developments. As such, it provides an interesting and informative day for attendees whether new to this area of work or an experienced practitioner. The Acute Neurological Rehabilitation Units at The Wellington Hospital and The Portland Hospital are proud to sponsor this event and are confident that it will be beneficial to all participating. Sponsored by Organised by Solutions 3

6 5 POINTS Accredited by APIL training Court in the Middle 09:00 09:45 After the conference you will be ed a username and password in order to access the post conference website. This will include the slides, video's of the presentations and your certificate of attendance. Registration 09:45 09:50 Address from the Chair John de Bono QC Serjeants Inn chambers 09:50 10:25 Jackson - Are we over the worst? Jill Greenfield Partner Fieldfisher The seismic impact of the Jackson reforms are currently having a widespread impact on litigation. An update as to the current position. Has the log jam of cases eased or is it going to get worse? Has the hot tubbing of experts become a reality? A review of recent case law and decisions that are affecting the progress of litigation (and so the availability of funds for rehabilitation) and comment as to what the next steps should be. 10:25 11:10 Incapacity and the Court of Protection David Rees Barrister Five Stone Buildings A discussion of the role of the Court of Protection in dealing with financial, litigation, welfare and medical decisions on behalf of persons who lack capacity. 11:10 11:40 Tea/Coffee, Networking & Exhibition Stands 11:40 12:30 When Families and Clinicians Collide Christopher Johnston QC Serjeants Inn chambers What happens when the family do not agree with the clinical steps suggested? In particular what is the law in relation to DNR? A review of the law in this area and how the Courts deal with what are some of the most difficult decisions affecting victims and their families. 4

7 PROGRAMME 12:30 13:20 Reaching Melting Point - Criminal & Family Courts, dealing with the aftermath Dominic Heaney Consultant Neurologist UCLH Family relations often break down following a head injury, leading to difficult decisions when dealing with children and family assets. What is the approach from the Family Courts? Issues over criminal incidents can become a very real problem. How does the Court deal view the consequences of brain injury for the perpetrator? How expert evidence can assist in these difficult Court circumstances. 13:20 14:30 Lunch, Networking & Exhibition Stands 14:30 15:20 The Official Solicitors Role - Bridging the gap May Maughan Senior Lawyer Office of the Official Solicitor What is the role of the Official Solicitor and when and how can they become involved? These are often the most challenging of cases where either the suggestion is that the family are not acting in the best interests of the client or where the client has no one else to represent them. 15:20 15:45 Tea/Coffee, Networking & Exhibition Stands 15:45 16:35 Experts in Focus - A client s future in their hands Samantha Critchley Partner Fieldfisher How expert evidence can impact on a client s future in all aspect of their life. An expert s duty to the Court. How can expert views be so polarised and how is that handled when they are? Sponsored by 16:35 16:40 Close You are cordially invited to a post conference drinks reception to be held on the Hansom Hall Terrace. Organised by Solutions 5

8 Court in the Middle BIOGRAPHIES John de Bono QC Serjeants Inn chambers John de Bono is a clinical negligence specialist. He acts for both claimants and defendants across the whole spectrum of medical disciplines in cases of the highest value. He is also regularly instructed in high value personal injury claims involving acquired brain injury. John relishes the challenge of complex and difficult cases, particularly those where the expert evidence is not straightforward. He believes passionately in a team approach with solicitor and counsel working together to present the case and achieve the best possible result for a client. Jill Greenfield Partner Fieldfisher Jill is a partner at London law firm Fieldfisher and heads up the specialist catastrophic personal injury unit. Jill is recognised by Headway and the Spinal Injuries Association as a Specialist Injury Lawyer. In the legal directories (Chambers/Legal 500) she is recognised as a leader in the field. Jill is also a member of the Association of Personal Injury lawyers (APIL) and is a committee member of Headway North London. She is committed to achieving excellent results for her clients, ensuring the right type of essential care and support is provided; rehabilitation is a real focus. Her cases are generally worth several million pounds and are usually the result of road traffic accidents, occupiers liability claims or accidents at work. She is currently the lead solicitor in the 2009 Godstone Farm outbreak, acting for over 30 children who were exposed to E Coli 0157, some of which now suffer lifelong risks of renal failure. Alongside her main practice she has a successfully campaigned for victims of terrorist atrocities such as Sharm-el Sheik, Kusadasi, Bali and Mumbai. She was one of the key lawyers who persuaded the Government to introduce a Scheme to Support British Victims of Terrorism abroad, providing financial support for such victims where previously none had been available. She also obtained the highest award for damages for pain and suffering though the civil courts for a victim of rape. Jill s cases have regularly hit the headlines and she has appeared on BBC News, ITV, Channel 4, Sky News, BBC Radio 4, Trevor McDonald Tonight, Fiona Bruce, Real Lives and has been quoted in various broadsheets. David Rees Barrister Five Stone Buildings David Rees is a barrister at 5 Stone Buildings, Lincoln s Inn. He is well known for his experience in Court of Protection matters and is recommended as a Star Individual in property and affairs cases in Chambers UK Bar Guide He is regularly instructed by the Official Solicitor and appears before all levels of Judge in the Court of Protection. He has appeared in many leading cases under the Mental Capacity Act 2005 including Re P ( statutory wills); Re G(TJ) (2010 statutory gifts); Re MN (2010 recognition and enforcement of foreign judgments); Re Gladys Meek (2014 statutory wills and enforcement of security bond) and Re SW (2014 habitual residence). David is the General Editor of Heywood & Massey s Court of Protection Practice and is a member of the working party tasked with reviewing the Court of Protection Rules

9 5 POINTS Sponsored by Accredited by APIL training InclusivEnvironments providing independence for disabled people PROVIDING NEUROLOGIC MUSIC THERAPY SERVICES AND ASSESSMENTS FOR DISORDERS OF CONCIOUSNESS Advice on Inclusive Environments for professionals working with disabled people including: Design and construction of inclusive homes and workplaces Suitability assessments of existing and proposed environments The only Social Enterprise in the UK to offer Music Therapy assessments and treatment programms for traumatic brain injury and neuro-disability. Supporting clients to improve speech, motor skills, cognition and emotional and behavioural difficulties. To make a referral or find out more please or call Chiltern Music Therapy Community Interest Company No Sourcing of temporary and permanent accommodation to meet rehabilitation needs Contact Liz on CMT NMT Ad May 2014 v1.indd 1 22/05/2014 Advert IE.indd 11:341 23/06/ :38:07 Specialist services for people with complex disabilities, including brain injury and cerebral palsy Case Management Immediate Needs Assessment Rehabilitation Service Expert Witness care reports Manual Handling Service Bespoke support packages Covering London and the east of England Call Organised by Solutions

10 Court in the Middle BIOGRAPHIES Christopher Johnston QC Serjeants Inn chambers Chris has 21 years of experience acting for top claimant and defendant firms. He combines the research and analytical skills of an academic lawyer with a user friendly approach and the practical ability to apply complex legal principles to devise the correct tactics. He has unrivalled knowledge of rare technically difficult cases (eg. 6 retinopathy of prematurity cases). He has been senior counsel now in two large class actions. He appeared recently in Naraji (Iranian footballer 5m claim) and R v RNOH (spinal surgery claim). Chris is editor of Medical Treatment Decisions and the Law (Bloomsbury), a comprehensive text on medical ethics cases. Dominic Heaney Consultant Neurologist UCLH Dr Dominic Heaney is a Consultant Neurologist and Honorary Senior Lecturer at the National Hospital for Neurology and Neurosurgery at Queen Square, London. His clinical practice includes management of the long term consequences of head injuries, including epilepsy and cognitive and behavioural changes resulting from brain injuries - many of which may have been previously unrecognised or misunderstood. Through his practice he has had to provide neurological advice to a range of Courts both as an expert witness and also a treating physician. May Maughan Senior Lawyer Office of the Official Solicitor May Maughan qualified as a solicitor in After a short spell in private practice she joined Tower Hamlets Law Centre and specialised in landlord/tenant law there for 6 years. She joined the Official Solicitor s office in 1986 to conduct civil litigation on behalf of some of the most vulnerable people involved in court proceedings, subsequently becoming the Senior Lawyer of the team and specialising in catastrophic injury/clinical negligence cases. From 2006 to 2012 she was the Deputy Official Solicitor and thus became involved in other areas of the Official Solicitor s work, but resigned this post to revert to being Senior Lawyer in the civil litigation team on partially retiring. She was a member of the Law Society s Mental Health and Disability committee for 10 years until 2012, and the first Chairman of the Court of Protection User Group set up after the introduction of the MCA. She is also a Deputy District Judge. Samantha Critchley Partner Fieldfisher Samantha is a Partner in the medical litigation department at Fieldfisher. Samantha has more than 14 years of experience handling complex medical negligence claims. She has been on the specialist AvMA panel for nearly a decade. The AvMA panel has come to represent an essential quality mark for clinical negligence practitioners who place clients at the centre of their practice, who are committed to the objectives of patient safety and who demonstrate technical excellence in this area of law. She also sits on the Clinical Disputes Forum - a group of key people in the field of clinical negligence litigation and other clinical disputes, working together to try to make practical improvements to procedures to reduce the number of patients who have to go to law to resolve their disputes with their clinicians. She is widely respected in the field. She is known for her tenacity, devoted client care and strong legal expertise. Particular interests include: obstetrics (cerebral palsy; Erb s palsy, traumatic deliveries, pre-eclampsia); fetal medicine (wrongful birth); paediatrics and neonatology; neurology, gynaecology, cancer claims; ophthalmology, general surgery and orthopaedics. 8

11 5 POINTS Sponsored by Accredited by APIL training Neuro Rehabilitation Services QEF Neuro Rehabilitation Services at Banstead Place provides residential, day placement, out-patient and outreach neuro rehabilitation services for adults from years of age, following acquired brain injury. Assessment, intensive neuro rehabilitation, including vocational rehabilitation and creative arts are integral to our holistic, Client centred rehabilitation programmes. Our specialist team: Specialist care homes designed around the individual to enable the best quality of life. Situated in Norfolk and West Midlands, Novero care homes Oak Farm, Oak Court and Jubilee Court offer purpose built accommodation for residents with Neurological conditions. For more information: Oak Farm, Norfolk Oak Court, Norfolk Jubilee Court, West Midlands Consultant in Rehabilitation Medicine Neuropsychologists Occupational Therapists Physiotherapists Speech and Language Therapists Vocational Tutors Nursing/Rehabilitation Support Art, Music & Recreation Tutors QEF Neuro Rehabilitation Services Banstead Place, Park Road, Banstead, Surrey SM7 3EE Tel: Fax: Charity No: _qp_85x120_AW_v2.indd 1 07/04/ :39 9 Organised by Solutions

12 I would like to congratulate you and your team for such a speedy and favourable outcome. It has been great knowing you as a person and professional Sarah s Parents 2014 Fieldfi sher maintains its outstanding reputation in the market and the team provides a first-class service at all levels of experience 10

13 Fieldfisher Brain Injury Law The Personal Injury Team at Fieldfisher is renowned for their care to clients, commitment to cases and cutting edge expertise. We will obtain interim payments, set up a proper care regime and ensure that your financial future is guaranteed; working close with you and your family. Our client testimonials speak for themselves, we have a history of helping our clients achieve the best possible outcome. Speak to our specialist personal injury team T: E: Over 100million recovered for clients in the last 12 months A real focus on Rehabilitation Fighting for the future of our Clients Saving Faces

14 Court in the Middle Specialist Brain Injury Services Specialist rehabilitation, slow stream rehabilitation, complex disability management and neuropalliative care. Abbeymoor Neurological Care Centre T: Aspley Neurological Care Centre T: Blackheath Brain Injury Rehabilitation Centre T: Campsie Neurological Care Centre T: Crewe Neurological Care Centre T: Elswick Neurological Care Centre T: Frenchay Brain Injury Rehabilitation Centre T: Gilmerton Neurological Care Centre T: Hothfield Brain Injury Rehabilitation & Neurological Care Centre T: Linlathen Neurological Care Centre T: Meadowbrook Neurological Care Centre T: Murdostoun Brain Injury Rehabilitation & Neurological Care Centre T: Nottingham Brain Injury Rehabilitation & Neurological Care Centre T: Peter Gidney Neurological Care Centre T: South Quay Neurological Care Centre T: Stanhope Neurological Care Centre T: Stanton Neurological Care Centre T: Stocksbridge Brain Injury Rehabilitation & Neurological Care Centre T: Specialist services for men with an acquired brain injury Cambian Heathers, West Midlands Cambian Heathers offers personalised, flexible rehabilitation programmes for 20 men who may have acquired brain injury or have neuropsychiatric conditions. We aim to reduce risk, maximise independence, improve quality of life and, where possible, help those affected to fully recover. To find out more about Cambian Heathers call or The Cambian Group comprises a number of companies headed by Cambian Group plc, which are registered in England and Wales and the Bailiwick of Jersey. The details of those companies in the Cambian Group registered in England and Wales can be found at CAMXXX Cambian Heathers ad_03sf.indd 1 21/04/ :44 Independent Speech & Language Therapists specialising in: - Brain Injury, Cerebral Palsy & Neurological Conditions - Adult and Children - Assessments & Interventions - Medico-Legal Experts - Tribunals - Adults and Children - Dysphagia (Swallowing difficulties) - Speech, Language & Communication Disorders - Evidence based therapy techniques - Covering London, Essex & Kent - Home visits / Clinics in Canary Wharf & Harley Street Contact number Website Unlocking Language, F23 Waterfront Studios, 1 Dock Road, Victoria Docks, E16 1AH 12

15 5 POINTS Sponsored by Accredited by APIL training Livability Icanho Specialist Community Interdisciplinary Brain Injury Rehabilitation Service Expert in working with both the individual and their family An experienced team who can maximise client recovery Your Package, Your Choice, Your Life Introducing The AICS Group! The AICS Group is a Boutique Community Support Package Provider, specialising in the Care, Support and Rehabilitation for clients with acquired brain injury (ABI), traumatic brain injury (TBI), spinal cord injury and other disabling conditions, including cerebral palsy, multiple sclerosis and muscular dystrophy. Our carefully handpicked support workers are experienced with a breadth of knowledge supporting adults and children with complex needs across England. We understand how vital an effective support packages can be to your clients rehabilitation. Support workers and other professionals are chosen by the client and Case Manager. Packages are designed to match each clients individual needs and requirements. Our respite and crisis teams can be dispatched within days, giving your client a stress free process. Bespoke one stop shop treatment programme based on individual needs Specialists in vocational rehabilitation (return to work) & for upper limb recovery using dynamic orthoses Staff Supplied ABI Support Worker SCI Support Worker Senior Support Workers Team Leaders / Coordinators Care Assistants Appropriate Adults Domestic Assistants Family Support Workers Assistant Case Managers *New Service* Source and selection of permanent staff for direct employment cases. Services offered Support needs assessment Liaise with Hospital discharge team linking resources with clients Host MDT Review meetings Host Team meetings Full recruitment of staff (CQC standards) Arrange candidate interviews Complete Care Plan & SW Guide Weekly or monthly rota s Petty Cash, client finance assistance Holiday Cover / Sick Cover We have been offering this bespoke, innovative and trusted community service which has had its base in East Anglia since1998. To find out more or to make a referral, go to or call and speak to the General Administrator We are always looking at ways to develop our service. If you require assistance with something that is not listed above, please contact our care package coordinators who will be happy to help. Tel: (+44) Out Of Hours Tel: Web: Market Lodge ABI Service Ledbury, Herefordshire At Shaw healthcare we understand the challenges faced by individuals and their families following an Acquired Brain Injury. Each person is unique, with their own memories, life experiences, feelings and values. The support we provide is designed to meet the individuals needs for as long as required. If you would like to find out more about our services, request a brochure or arrange a viewing please contact us. Providing you, and your clients a range of services specifically designed to meet complex needs. Support includes: Neurological Injury Spinal Injuries Learning Disabilities Physical Disabilities Complex Medical Support Our support offers a great alternative to residential care in your own home. call Follow us on Developed with you in mind, our service will enable you to live your life in your way. To discuss any of our services call team on our Care Advice Line on select-homecare.co.uk 13 Organised by Solutions

16 Court in the Middle Special Thanks to Our Sponsors Our Thanks to Our Exhibitors 14

17 5 POINTS Sponsored by Accredited by APIL training CBIT_Here-to-help_Ad_85x120mm_Layout 1 31/03/ :29 Page 1 We re here to help with childhood acquired brain injury The Child Brain Injury Trust is a charity that helps children and families affected by childhood acquired brain injury For more information, or to refer someone, please visit: National helpline number: Visit us on facebook: and follow us on Registered Charity Number A Charity Registered in Scotland SC Registered Company Number VAT Registration Number Organised by Solutions

18 Court in the Middle 5 POINTS Accredited by APIL training Index to Advertisers ABI Solutions... IBC AICS Group...13 Anglia Case Management...7 Blatchford Clinical Services...15 Cambian Group...12 Child Brain Injury Trust...15 Children s Trust...7 Chiltern Music Therapy...7 Enable Care...2 Fieldfisher...IFC Heads Up Holidays...12 Huntercombe Group...12 Livability Icanho...13 Novero...9 Oakleaf Group...15 PiC Brain Injury Services...16 Queen Elizabeth Foundation...9 Richardson Partnership for Care...2 Royal Buckinghamshire Hospital...2 Select Homecare...13 Shaw Healthcare...13 SweetTree Home Care Services...9 Team Brain Injury Support...2 Unlocking Language Ltd...12 Wellington Hospital... OBC William Martin Property Consultants Limited...7 Sponsored by Mental Illness Personality Disorder Learning Disability Autism Spectrum Disorder Brain Injury We provide Specialist neurobehavioural rehabilitation for people with an acquired brain injury including traumatic brain injury and stroke Individually tailored measurable and evidence based treatment programmes with goals and timescales Brain Injury Services provides a full discharge pathway Central referrals Organised by Solutions

19 Solutions ABI Solutions is the leading independent provider of events and conferencing services within the Brain Injury Sector We are proud to be organising this conference Please visit our website for conference and training listings Working together. Connecting People. T :

20 MEDICAL REHABILITATION SERVICES ACROSS LONDON The Wellington Hospital and The Portland Hospital offer a full rehabilitation service for adults and children. With both hospital s acute neurological rehabilitation units delivering the highest standards of care, they are regarded as the premier centre for private rehabilitation in the UK. Together, they offer extensive gym and treatment areas and provide individualised programmes, which are consultant led and delivered by expert multidisciplinary teams. We treat: Head Injuries Spinal Injuries Stroke Rehabilitation following Critical Illness Functional Restoration Programmes Congenital Disorders We treat: Acquired Brain Injury Cerebral Palsy Neurodevelopment Disorder and Global Development Delay Surgical Rehabilitation Get in touch with our rehabilitation teams today Wellington Place, St Johns Wood, London NW8 9LE Tel: Fax: thewellingtonrehabunit.com

Court in the Middle. 9th July 2015 5 POINTS. St Pancras Renaissance Hotel, London. Accredited by APIL training. Sponsored by.

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