 | A shared interest in solving the accommodation problem |
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| Posted By : Bill On 26/01/2018 09:30:00 | |
| Another interesting aspect of that huge interim payment case is that, on the face of it, the parties had an identity of interest in solving the accommodation problem. Once it is clear, as it was in that case, that the present accommodation is grossly inadequate, and that it is hindering rehabilitation, the Defendant is as much interested in sitting round the table to discuss “how can we all resolve this so that the Claimant becomes properly rehabilitated, thus maximising her independence (wonderful for her), and reducing the lifetime cost of support (good for them). One of many aspect of good negotiation and management in catastrophic injury claims is surely to look at the problem from the point of view of the other party, and to be imaginative about the solutions which will suit both sides. Part of that process for claimants is to make a presentation to the defendant which makes it easy for the defendant to see the problem, and to guide it to various possible solutions. For example, a defendant might prefer not to pay out £1.9 million at a time of the court’s direction, but would prefer to fit it into the financial year and budget in order to minimise adverse impact. Or, perhaps a one or two year rental, at tiny cost comparatively, would let both sides find a cheaper, and better, solution. People sometime suggest shared, or defendant, ownership of the house, but I've never thought that was viable – unless a defendant could put forward a package which allayed the obvious claimant objections to living in the wrongdoer’s house, and not having security of tenure. | |
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