Category: Supporting individuals in crisis

We have a number of strategic partnerships with organisations that share our purpose and values.

We’ve been working with The UK Sepsis Trust, since 2015. The national charity supports people who’ve been affected by sepsis and bereaved families. It also works with the NHS at a high level to promote patient care, safety and treatment, in turn improving outcomes.

The statistics are startling:

• 245,000 people get sepsis in the UK each year
• 5 people die of sepsis every hour in the UK
• 40% of sepsis survivors have permanent life-changing effects post sepsis
• The UK Sepsis Trust had over 4,000 contacts with their support services in 2021-22 (telephone, online, socials)

Sepsis is the immune system’s overreaction to an infection or injury and can be life-threatening. But it’s also easily treatable if the signs are spotted early enough. A delayed diagnosis can prove fatal so every hour counts.

Our role

The UK Sepsis Trust will put people with clinical negligence legal issues in touch with us as their trusted legal partner. At this initial stage, we’ll provide them with free, no-obligation advice or signpost them to other resources. It may become clear they have a clinical negligence case, in which case we’ll work to secure compensation for them. One of our main aims, however, is to make sure people are aware of all their options.

As sepsis is so treatable, a key part of our work is helping the charity to raise awareness through information campaigns and publications so that people know what symptoms to look out for and what to do. We also support their work in hospitals to improve education and make sure the right processes are in place.

Sepsis Savvy

We take this message seriously as a firm too. So, we’re proud to have received our Sepsis Savvy accreditation which shows we’re committed to raising awareness about sepsis across our staff at Anthony Collins. This includes sharing information and making sure we all know how to spot the signs and what action to take.

Fundraising with fervour

As a national charity with far-reaching activities, The UK Sepsis Trust requires significant funding to continue its work so we’ve been delighted to get involved as a firm.

When the London marathon was postponed in 2020, over 30 Anthony Collins staff rose to the 2.6 challenge to raise funds for the charity. We did 245 miles between us – the equivalent of nine and a half marathons and raised more than £3,000 for The UK Sepsis Trust.

The charity says £1000 pays for the training, education and resources about sepsis for one hospital, so we’re thrilled that our challenge funded the equivalent of three. Other fundraising activities followed in 2021 and 2022, including a virtual ‘cook along’, a Zoom exercise class and running the Cardiff Half Marathon. We’re looking forward to continuing this in 2023.

John’s story

One personal injury and clinical negligence case that came to us through the UK Sepsis Trust was that of John McCarthy. Following a minor injury to his leg, John had gone to his local A&E department where he was given a brief examination, diagnosed with cellulitis and sent home. It turned out he had the early signs of sepsis but these were missed.

Sadly, his condition worsened rapidly until it became life-threatening. He was rushed back into hospital and had to have his leg amputated. On investigating the case, we found that the correct procedures had not been followed and, if intravenous antibiotics had been administered, his leg might have been saved.

With advice from leading medical experts, we brought a compensation claim against Warwick Hospital and secured a significant settlement for John. This has enabled him to buy an adapted bungalow, and pay for specialist equipment and therapy to improve his quality of life.

Positive impact

We also set up a personal injury trust, will and lasting power of attorney for John to protect his compensation and give him financial security for the future.

He now dedicates his time to being an ambassador for The UK Sepsis Trust to spread the word. As the compensation has enabled John to fund his needs privately, it has also alleviated pressure on public services.

Being partners in the widest sense

As in John’s case, we’re able to help individuals secure their future after the life-changing consequences of sepsis as well as improve their quality of life and independence. Some of these individuals are especially vulnerable, such as children, people who have lost their job and are at risk of losing their homes, or people who no longer have capacity because of a brain injury associated with sepsis.

But the impact of our partnership goes beyond our clients. By working closely with The UK Sepsis Trust across the breadth of their activities, we’re also contributing to improvements in patient care and sepsis outcomes throughout society, both now and in years to come.

“Our team has built up considerable specialist knowledge of sepsis, so it’s highly rewarding to work with the charity and use our legal expertise to make a difference to people at a traumatic time. Hopefully, by helping to raise awareness and share best practices, fewer people will be affected in the future.”
Ann Houghton, partner, Anthony Collins

We helped Mr Mohammed Belal become the UK’s first surgeon to perform an operation after being paralysed.

Mohammed, a keen cyclist, was riding his bike in Solihull when out of the blue a tree fell and landed on him. It was a completely freak accident which resulted in significant damage to Mohammed’s spine and left him with catastrophic life-changing injuries.

As a consultant neuro-urologist, Mohammed realised immediately that he was paralysed from the waist down and that it was going to be a long journey to recovery. Ironically, over his twenty-year-long career, he’d specialised in helping patients with the same kind of injury.

Acting quickly to establish the facts

Our clinical negligence and personal injury team were contacted soon after the accident. We knew swift action was required as falling tree cases are difficult to establish. We liaised with appropriate experts, and our team had the complex task of investigating who owned the land using Land Registry records.

We understood the importance of establishing where the tree was growing and whether any branches were overhanging. We also asked to see a record of inspections that monitored the tree’s deterioration and a maintenance schedule.

The defendant ultimately admitted liability which put us in a position to advance a claim for compensation.

Getting the right therapy and equipment

Mohammed was in hospital for a lengthy period which was followed by thousands of hours of dedicated rehabilitation at a specialist spinal injury centre. He had an incredibly positive attitude and was determined to try and get back to work.

From dealing with his own patients, Mohammed knew the right therapy and early intervention were key. To make this possible, we secured interim payments to fund Mohammed’s rehabilitation and a specialist catastrophic injury case manager to support him and his young family. She was able to take responsibility for dealing with relevant third parties and official bodies and liaised with the team at the hospital about what would be needed for Mohammed to return to work.

The interim payments secured enabled specialist equipment, including a state-of-the-art wheelchair and standing frame, to be bought for Mohammed so that he could achieve his goal and operate again. It also covered the adaptions that were needed at his home.

Never giving up

Through his positive mindset and total determination, Mohammed has managed to return to the Queen Elizabeth Hospital Birmingham where he is believed to be the first surgeon in the UK to have performed surgery while being wheelchair-bound. He is grateful to his fellow doctors who painstakingly practised all the adjustments that would be needed.

“It has been amazing to be back doing what I love. I’m realistic that it will never be more than part-time and I’ll not be able to sustain it until retirement age. But the journey continues and I know it wouldn’t have been possible without the amazing support from the team at Anthony Collins.”
Mohammed Belal, client

Making a difference

Mohammed’s case is a fantastic example of how we can use the law to help individuals after critical events and improve their lives for the better. It was also a positive outcome for the NHS as it enabled a talented surgeon to return to his specialist area of healthcare and provide much-needed expertise.

“From the early days when Mohammed could not even sit up in bed after the accident, let alone perform an intricate operation, the transformation has been amazing. It’s been a truly humbling and inspirational case to work on. We’re all very proud to have helped Mohammed achieve his milestones and ambitions, as well as enabling the hospital where he works to regain a much-needed specialist expert back within their healthcare service.”
Rankeshwar Batta, head of clinical negligence and personal injury, Anthony Collins

Thanks to our clear financial management, Susan* is able to live in her own home once again.

Sometimes when a person has dementia, independent living gets too much, and residential care is the answer. But after it happened to her, Susan didn’t want that to be the end of her story. If she could afford to return home, even for a short time, she wanted to try.

Susan was officially objecting to being in care but water damage to her house had declared it unfit to live in. The local authority approached Anthony Collins (AC) to act on Susan’s behalf. Could taking her finances in hand get Susan back home with an appropriate package of care?

Accessing the financial landscape

Once appointed, we took on the complicated process of taking full charge of Susan’s finances. This meant comprehensive management down to paying bills, dealing with any income, protecting her assets and insurance claims.

Susan had lived a full, financially stable life. What was left of that lifestyle had to be fully appraised and reported to the court. For Susan to return home, there needed to be enough money to ready her property for her return and a surplus for

Acting for her

While getting Susan’s finances in order, it took many months to complete an insurance claim that had begun. Getting this completed was a crucial initial stage to repair her home so she could live there once again.

Overall, it took almost a year to have everything in place for Susan’s return. It was agreed this would initially be on a trial basis, but then for as long as her cashflow and dementia will allow. The court has confirmed AC’s permanent appointment. We’ll be there to sell Susan’s home and settle her finances when she needs to return to care.

“As a Court of Protection team, we aren’t about changing policy but at the micro level we bring about significant individual change that supports individuals and their lives. There was a very tight margin whether she could afford to leave care or not. At least this way, whether it be for six or 12 months, she’s where she wants to be.”
Doug Houghton, senior associate, Anthony Collins

*Name has been changed.

We helped our client avoid unnecessary legal fees while leaving their marriage and reaching a fair settlement.

Working with a divorcing couple often sees emotions run high. However, when one partner’s legal team is fanning those emotional flames, the other partner’s solicitors must keep their cool to stop fees and feelings spiral out of control.

In this case, it had already been decided that the safest home for a couple’s three children was with our client. The other parent’s substantial mental health issues put the parent at significant suicide risk, and they were living in secure accommodation. Our client was looking to leave the marriage with a fair settlement that would leave them financially able to continue full-time care of the children.

A strained relationship

With land, a house, pension and good income to divide, the case was shaping up to be fairly standard. But the case brought by the other parent’s solicitors proved to be far more complex. Initially trying to leverage a situation where the other parent could rebuild relationships with the children, they claimed the other parent’s mental condition was directly caused by our client’s abuse (allegation denied by our client). This was vehemently and repeatedly, within several solicitors’ letters, reinforced by the other parent’s appointed legal team.

The case quickly became highly acrimonious and the team at Anthony Collins (AC) had a judgement call to make. Engaging in such lengthy correspondence in reply was going to run up costs that could damage the outcome our client wanted to achieve. Working for this client meant being very aware of their needs, those of the children and their financial circumstances.

A fair result

The other parent’s team rejected the first attempt at a financial agreement claiming it had come under duress. Despite being invited to withdraw that claim, the other parent’s legal team continued to make the claim while simultaneously demanding to have the order submitted to the court. This further twist made it necessary for the couple to go to a court hearing to conclude that duress was never a factor.

Throughout all the allegations made, the AC team kept emotion out of its responses, avoiding tit-for-tat correspondence that escalates costs. This allowed the parties to finally settle on a financial package, which was approved by the court, that was fair and allowed the children to remain where they were safest.

“Settling as quickly, cheaply and amicably as possible is best. Emotion just doesn’t help. That was the case for this family and all those we represent. There are no winners or losers in what we do.”
Chris Lloyd-Smith, partner, Anthony Collins

Thanks to our support, a father can live without damaging labels and spend quality time with his child.

When it comes to working with families, cases are often emotionally charged and difficult for everyone involved. However, the stakes were particularly high for a father who was being accused of serious sexual abuse of both his former partner and their child.

Not long after their child was born, the mother and father’s relationship deteriorated. It was at this point that the mother started to make allegations. The father denied these, believing the mother was suffering from a mental breakdown in which she experienced delusional episodes.

As the situation unravelled, the mother stopped the father from seeing their child. Within a very short space of time, the father had gone from helping look after the child as part of a family unit to zero contact.

Evaluating the evidence

As it was so unclear what was going on, the court decided to hold a fact-finding hearing where the mother’s allegations could be tested. With a police investigation taking place in parallel, it meant there was a huge amount of evidence that needed to be taken into consideration.

Looking critically at the evidence, including 30 witness statements, the team at Anthony Collins (AC) were able to analyse the evidence in depth and uncover inconsistencies between the mother’s narrative and some of the key witnesses she sought to rely on.

Preparing for court

The stakes were incredibly high. If allegations against the father could be backed up, it would stop him from seeing his child outside of a supervised environment for a very long time. If the mother was found to be making false allegations, it would raise questions about whether she was mentally well enough to look after their child.

Before the hearing, our team prepared the father for the realities of court. They asked him questions in a similar way to what would happen under cross-examination to ensure he made a positive impression. Ultimately, we needed to help him communicate the truth of what happened under very stressful circumstances.

A positive result

The court found no evidence to support the mother’s allegations. Not only did this mean the father would not be tarnished with negative labels, but most importantly, it meant he had the chance to build a relationship with his child and a healthy co-parenting partnership with the mother.

There were concerns about how the mother would react to her allegations being overthrown. However, it seemed the hearing was a significant step in her mental health journey, and a final agreement was made outside the court that the father could spend extended, unsupervised time with his child.

“My motivation for working in this area is to make a positive, tangible impact on people’s lives. In this case, a father is now allowed to have a relationship with his child. Without support from AC, he probably wouldn’t be in this position.”
Tom Gregory, solicitor, Anthony Collins

We helped a family hold on to what was rightfully theirs during a difficult divorce settlement.

When a marriage ends, it’s typically only the couple at the centre of the divorce who need support with settling finances. But, in this case, Alex’s* family came to us for help.

Robin* was attempting to claim a share of the assets that belonged to Alex. Our clients declared these to be family-owned assets, not to be part of any divorce settlement, so we were asked to intervene in the case on the family’s behalf.

Exploring ownership

It’s unusual for Anthony Collins to represent neither party during a divorce. Despite this, we took the same approach to finding a financial solution for Alex’s family as we would for a couple. Our two-stage process started with a thorough investigation as to the reasons why Robin was asserting an interest and what our clients’ response to that was.

Once we fully understood the history and our clients’ case, it was about obtaining and presenting the evidence in the most persuasive way to the court.

Time in court

With five parties involved in the case, we had to tread a very difficult line: showing particular care, expertise and knowledge in how we intervened in the case.

Our clients needed us to avoid doing anything that could unintentionally undermine any of Alex’s interests or that of the other intervenors. This backdrop was complicated further by Robin’s report of events changing on more than one occasion.

A clear way forward

After a three-day trial the court made the decision that everything in fact did belong to Alex’s family. With no assets to divide, Robin was entitled to half, but in this case it was half of nothing. Thanks to our support, this means that the assets will stay in the family.

“We were able to help this family hold on to assets built up over generations and stop them from getting into the hands of somebody who had no entitlement to them. Our input shows that if you do things the right way, thoroughly and diligently, you get the right answer.”
Chris Lloyd-Smith, partner, Anthony Collins

*Not their real names.

Supporting organisations with a common purpose makes our work incredibly rewarding.

At Anthony Collins Solicitors (ACS), we work with many different organisations to further our social purpose: improving the lives of individuals, communities, and society.

 

The Cauda Equina Champions Charity (CECC) is one of the organisations we are proud to partner with. It supports people living with catastrophic damage to their spinal cord and raises awareness of the condition known as cauda equina syndrome.

 

Learn more about our relationship and how we work together by watching our interview with Claire Thornber, founder of CECC and Rankeshwar Batta, head of personal injury and clinical negligence at ACS.

 

Making positive change

When work is done together in this way, it is not transactional but relational. The private legal services (PLS) team at ACS, who act for individuals and their families at pivotal times in their lives, plan and strategise with like-minded external partners, as well as supporting their fundraising initiatives and encouraging others to do the same.

 

Relational business is all about building long term relationships and making a positive change.

 

“I would encourage all of us to think about how we can become more relational with some of our clients, external partners and referrers. We need to consider whether it is the right thing for them and for us so that we can succeed together in furthering our purpose on a sustainable basis.”
Rankeshwar Batta, head of clinical negligence and personal injury, Anthony Collins Solicitors

 

Meet our other partners

As well as CECC, our charity partners include the Child Brain Injury Trust (CBIT), The Sepsis Trust, Meningitis Now and the Meningitis Research Foundation.

 

What these charities do connects deeply with many of our staff and the firm as a whole. Through their day-to-day work, the organisations improve the lives of the most vulnerable. And, by working with the support systems around them including families and schools, they improve entire communities. Their leaders look at the bigger picture, shaping healthcare policy and practice which, as a result, improves society too.

 

“The connection between ACS and our external partners is at a very high emotional and visceral level. When that happens, it is the key to what changes us, it is what moves us, and it drives us to take positive action.”
Rankeshwar Batta, head of clinical negligence and personal injury, Anthony Collins Solicitors

 

We support our charity partners with their purpose, raising awareness of their initiatives such as political campaigning and providing specialist legal advice to their end-users. The ACS team also take part in fundraising activities to help them make a difference. This has ranged from taking part in half marathons to organising a four-week virtual Indian cook-a-long which raised over £1,400.

 

Being named as a special ambassador

Last year, Rankeshwar Batta was announced as a special ambassador for CBIT. Not only is this a testament to the relationship built by Rankeshwar and his team, but it also recognises how the wider firm embraces case referrals with vigour, enthusiastically fundraises with activities such as Glow Week and supports initiatives to enhance the lives of individuals with a brain injury.

 

“Rankey and Anthony Collins Solicitors have helped us with kind support when we are trying to kick start initiatives, looking for relevant speakers at events and fundraising activities. Rankey is a steadying voice in our Birmingham fundraising group. His insight and knowledge is second to none, helping us with planning for the future and our strategy in order to support brain injured families in even more difficult times. He is a voice of kindness, strength and unwavering support. He wholeheartedly deserves recognition for the years he has spent taking the Child Brain Injury Trust into his heart, embedding it into Anthony Collins Solicitors culture and spreading our message wherever he goes. He epitomises our values and we are so proud that we can finally thank him for everything he has done for us and recognise the amazing work he, his team and the firm have done consistently over many years”.
Lisa Turan, CEO, CBIT

 

After a medical procedure sadly went wrong, Jane’s family turned to us for help.

Our client was catastrophically injured through no fault of her own when a medical procedure sadly went wrong. Her family turned to us for help getting expert legal advice and the support she needed. She must remain anonymous by order of the court and to respect her parents’ wishes, so we refer to her as “Jane” to preserve her identity and confidentiality.

 

Suffering severe headaches

Jane was a remarkable young girl who excelled in everything from academia to sport, dance to music. She achieved 12 A* grades at GCSE, was studying five A-levels and a place at Oxford or Cambridge was well within her sights. As a fluent Russian speaker, Jane also already knew what she wanted to do – become a forensic accountant specialising in Russian fraud.

 

However, in January 2013, Jane started to experience severe headaches. After a CT scan, it was confirmed she had an arteriovenous malformation (AVM), a tangle of blood vessels in the brain or on the brain surface.

 

A devastating outcome

After being transferred to the neurosurgical team at the Queen Elizabeth Hospital, it was decided she should undergo a procedure. Unfortunately, this didn’t go to plan. During the procedure, she experienced bleeding, which resulted in a massive haemorrhage. Our expert investigations concluded the medical professionals involved failed to carry out the surgical procedure correctly.

 

Jane was given emergency treatment, but she suffered a profoundly severe brain injury, as well as other complications. She was left with no independent mobility, as well as impaired cognition, communication and vision.

 

Life-changing impact

Jane’s injury impacted her family significantly. Her parents devoted their lives to caring for her around the clock, often going without any sleep for days at a time. Both of Jane’s siblings were promising ballet dancers, attending the highest level of ballet school in the country. However, they were so affected by what happened they felt they were unable to pursue their lifelong career ambitions.

 

Jane now required 24/7 care for the rest of her life. However, she never went without anything she needed, including any equipment and therapy which was needed for her support and rehabilitation. Anthony Collins Solicitors and anyone else could see the selfless level of care the family provided was second to none. Even the medical professionals involved in Jane’s care deferred to her parents.

 

Different reports and opinions

At a relatively early stage, the defendant admitted there had been a breach of duty when they did not stop the surgical procedure and discuss matters with neurosurgeons. Following this, we carried out extremely detailed investigations to assess the impact of the admitted breach of duty and Jane’s needs and requirements as a result.

 

Unfortunately, as these investigations took place, she became unwell and needed a number of operations. We supported Jane and her family throughout this difficult period while the complex litigation evolved.

 

“After my daughter had her surgery, our lives were completely shattered. We thought that she would be fully recovered and back doing her A-levels in no time but, instead, we were told that she would be permanently brain damaged and need lifelong care. The thought of taking on complex and lengthy litigation filled us with fear, but we were determined to get to the bottom of things.”
Jane’s mother

 

Providing live evidence

During the investigations, there were different reports relating to her condition. The defendant argued Jane was in a permanent vegetative state with no understanding of the world. Therefore, she didn’t need equipment and therapy such as switches and speech and language therapy. However, the family, teaching staff and support workers saw improvement in her cognition and her ability to communicate.

 

“We strategically captured videos highlighting that Jane could respond to commands, move her head and interact with her surroundings to provide live evidence to the court and the defendants alike of our position on the issue.”
Rankeshwar Batta, head of clinical negligence and personal injury, Anthony Collins Solicitors

 

A multi-million-pound settlement

The claim was negotiated to a multi-million-pound settlement which comprised of a seven-figure lump sum alongside six-figure annual payments for the rest of Jane’s life. The settlement will, of course, not change what happened to Jane, but it will allow the family to put in place the care and therapy package which is best for Jane and works for them as a family, as well as give some important and much needed financial security and options for the future.

 

“The settlement was achieved by our specialist clinical negligence team and they supported Jane and her family over seven years of hard-fought litigation resulting in a strong relationship of mutual understanding, trust and respect.”
Rankeshwar Batta, head of clinical negligence and personal injury, Anthony Collins Solicitors

 

The baton of relationship has been passed to our specialist Court of Protection team as Jane is deemed unable to manage her own affairs. One of our specialist Deputies will support her for the rest of her life, helping make decisions about her finances and welfare. We’re proud we can maintain our strong relationship and continue to support Jane and her family in this way.

 

Helping others

Despite being busy meeting Jane’s needs, her family are eager to help others. They’ve admirably set up a charity to raise awareness and money for others in a similar position and fund therapy for those unable to pay privately or secure funding.

 

“We knew that we had made the right choice when we instructed Anthony Collins Solicitors to help us. They listened, they cared, they fought hard for Jane and the outcome that we have achieved will totally transform our lives forever – while it will not bring our previous lives back, it will give Jane and the rest of the family important options in life and financial security for the future. I cannot thank Rankey and the rest of the team enough. They really did go above and beyond just the legal claim and made sure that we felt we were at the centre of every single decision that was being made. We genuinely felt they wanted to make a positive difference for Jane. We no longer consider them to be our solicitors but our friends.”
Jane’s mother

The local authority wanted to keep him in Croydon, but the family in Richmond disagreed.

Amar* has a long list of medical complications, including a severe learning disability, medication-controlled epilepsy and blindness. On top of this, he can’t walk without help and he’s not able to communicate verbally. He needs support in every aspect of life.

 

However, the care home he was living in served notice on him. Amar’s sister, Jayanti*, believed that the alternative suggested by the local authority wouldn’t meet her brother’s complex needs. She contacted Rebekah Sambrooks at Anthony Collins Solicitors to help get a court order so Amar could move closer to her and be more involved in family life.

 

Navigating tricky relationships

The local authority wasn’t the only one trying to keep Amar in Croydon. The official solicitor, who represented Amar, said he should stay in the town. And Jayanti and Amar’s sister, who also lived in Croydon, didn’t want him to move either. Their parents, who had lived in Croydon, had both died, so the situation became a bit of a battle between the two sisters.

 

Jayanti’s sister produced evidence about the family history and Jayanti’s character. Jayanti wanted to respond to this but we advised her to focus on the facts and keep Amar at the centre of the proceedings. Jayanti had been very involved in Amar’s life and had lots of knowledge about his medical needs. She was much likelier to visit Amar regularly if he moved as, despite living further away, she already visited twice a week (her sister in Croydon visited him once a fortnight). Jayanti had found an alternative care home in Richmond which she believed was better than the one the local authority was recommending. And finally, Amar’s life would be enriched by being more involved in activities with Jayanti’s family.

 

Fortunately, the judge agreed with our arguments.

 

A rare win against the official solicitor

We believed we had a solid case for moving Amar and, as specialists in Court of Protection welfare matters, we felt confident we could present a strong argument. But it was our client’s testimony that helped win the day.

 

We made sure she felt very prepared. We explained the logistics. Went over the sorts of questions she would be asked. Helped her familiarise herself with her past statements. Jayanti spent a whole day giving evidence and came across well thanks to the work we put in.

 

The court order was finalised one year after Jayanti first contacted us. Now Amar can be closer to his sister, and Jayanti will no longer have to make the three-hour round trip every time she wants to visit.

 

“Such a brilliant outcome for Jayanti and more importantly for Amar who can now be surrounded by the love of his sister and involved in family life much more than he has been for several years. Seeing Jayanti’s tears of joy will stay with me for a long time, as will a win over the official solicitor, which very rarely happens!”
Rebekah Sambrooks, solicitor, Anthony Collins Solicitors

*Client names have been changed.

A hospital in China was about to turn off life support for our client’s partner. We had to act immediately.

While Miss M and Mr P were working at an international charity in Chongqing, China, Mr P was hit by a car on his way to work. The hospital announced he’d suffered brain injury and was now in a coma.

 

On top of the devastating diagnosis, Miss M was told that she needed to pay for the treatment. With bills adding up every day, the hospital was threatening to stop treatment – effectively a death sentence for Mr P.

 

The hospital explained that they would keep treating their patient if Miss M started a personal injury claim against the insurers of the driver that hit Mr P.

 

A desperate situation

While it sounded simple enough, Miss M couldn’t just start the legal proceedings. The couple had only lived in China for a year so were still governed by English law. And Miss M didn’t have the legal authority to act on Mr P’s behalf – she couldn’t instruct a lawyer in China or deal with his finances at home. After she was turned down by another law firm that couldn’t accommodate the urgent timeframe, the court of protection team at Anthony Collins Solicitors (ACS) heard about the case and decided to take it on.

A nine-month application in just a few weeks

The situation was urgent. We got a doctor in China to complete a capacity assessment to confirm Mr P couldn’t make decisions for himself. We then drafted a deputyship application for Miss M to act on her partner’s behalf so she could start negligence proceedings and deal with finances like paying the mortgage.

 

With witness statements explaining why the court should act quickly, we got the deputyship order in just 13 days. But the hard work was only just beginning.

Cross-border confusion

The legal documents issued in England weren’t valid in China. They had to be authenticated by the Foreign and Commonwealth Office as well as the Chinese Embassy. But with the embassy only open to authenticate documents once per week for a few hours, our client was running out of time.

 

ACS staff from the Manchester office were commandeered to visit the embassy in person to get an appointment. It took the intervention of a lawyer in China to eventually get an exception to the usual wait time.

 

Finally, the documents became officially recognised and Miss M could begin the negligence proceedings to keep Mr P in hospital. Their journey is far from over, but here at ACS, we’re pleased to have been able to play our part to help resolve the situation.

 

“I had a call from the very panicked partner of a patient in a hospital in China. She’d been told that the only way the authorities would let him stay is if she started negligence proceedings against the insurer. She had no idea where to start, and the case was really too urgent to take on. But I just had to do it.”

Puja Desai, solicitor, Anthony Collins Solicitors