Jurisdiction in Scotland allowed daughter to be appointed as Financial and Welfare Guardian

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Mr C. was in his late 70's when he sustained a severe brain injury as a result of a road traffic accident in Scotland, just one mile from the border with England.

As a result of his brain injury, Mr C was incapable of pursuing a brain injury claim himself and his daughter came to Digby Brown Solicitors to pursue a claim on his behalf.

As the car accident happened in Scotland, this meant jurisdiction for the personal injury claim was in Scotland. However, this was complicated by the fact Mr C was originally English and after the road accident, Mr C. was admitted to a hospital in England before being transferred to a nursing home near Carlisle.

However, before the road traffic accident, Mr C. lived with daughter and her husband in a small village in Dumfries and Galloway and although he was originally from England, he had no intention of moving back to England.

Digby Brown’s specialist brain injury solicitors proceeded with a Summary Application to appoint his daughter as Financial and Welfare Guardian of her father in order to proceed with his personal injury claim in Scotland.

Firstly, we had to establish jurisdiction in Scotland in order for his daughter to be appointed his financial and welfare guardian. Digby Brown’s personal injury solicitors lodged a Summary Application at Dumfries Sheriff Court and a court hearing was set at Dumfries Sheriff Court.

We argued that at the time of the accident, Mr C. had been living in Dumfries and Galloway; he had no intention of moving back to England; the personal injury claim was to be heard in Scottish courts; and he had assets in Scotland. 

After taking time to consider the application, the Sheriff granted our application.

The motorist’s insurance company denied liability so the appointment of the Financial and Welfare Guardian allowed our specialist brain injury solicitors to progress his case by starting a court action.

After accepting that the motorist caused the accident, the dispute was about where it was best to care for Mr C.

We obtained evidence from a number of experts to support our case that he should be cared for at home, rather than in a nursing home. 

Settlement was agreed at over a million pounds on the basis that it was better for Mr C. to be cared for at home, rather than in a nursing home.

If you or a loved one has suffered a brain injury as the result of an accident which was not your fault, our specialist brain injury solicitors could help.

Contact Chris Stewart on 0141 566 9541 or Moira Kay on 0141 566 9547. Alternatively, you can complete a short enquiry form and a member of our team will be in touch


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