We were consulted by a firm of specialist personal injury litigation solicitors, to provide expert evidence on future Court of Protection costs for a client of theirs who had been injured at birth. Partners in the firm are regularly instructed to prepare expert witness reports of this nature. The evidence in such cases is used to support a claim for having a professional Deputy appointed, so the costs can be recovered within the damages award..
In this case, the client of the firm instructing us lived in the Netherlands, but had a deputy appointed here in the UK. They were seeking damages in an ongoing personal injury claim.
We were asked to give consideration to the question of whether the damages award should be administered here in the UK, or by the Dutch equivalent of a deputy. Careful consideration was given to the equivalent Court of Protection regime in the Netherlands, and significant discussions were undertaken with Dutch Lawyers and tax advisers, to understand the extent to which protection is afforded to people in the Netherlands who lack capacity. Joint discussions were had with an expert witness appointed by the solicitors acting on the other side of the litigation, and the claim subsequently settled with a successful outcome for the client.