An unusual personal injury case came from a partner law firm, which fell outside of their delegated authority scheme. The client was working for the defendant in his stables and was walking a horse from the field to the stable when the horse pulled away and kicked out at the client causing a fracture to her right arm and a dislocated elbow.
What made this case unusual is that the defendant was not insured and so, while prospects of success had been assessed by Counsel at 60%, the concern was whether any money could be recovered from the defendant.
The defendant owned two properties, the first of which was a jointly owned residential property and the second the farmland where the accident occurred which is not subject to a mortgage. The residential property is likely to be considered the matrimonial home and, given that it is jointly owned, would be of little benefit in seeking to recover costs and damages.
The defendant accepted by telephone his land was at risk and threatened to transfer it into his wife. However, as this would be an attempt to avoid judgement debt the transfer could be set aside. As there is no mortgage or home on the land then there should not be any bar to settlement.
Having considered all the circumstances, our underwriters agreed with the solicitor’s assessment that although the defendant was uninsured there were sufficient assets to obtain timely payment of costs and damages and were able to provide a policy for the client, tailored to the specific circumstances.
If you have any cases at the moment insured by us where you feel even greater flexibility might be necessary please contact Alex Stracey to see what we can offer your clients. Call Alex on 01179 595495 or send an email to alex.stracey@temple-legal.co.uk
