PI settlement record

A record settlement for a personal injury claim by a paraplegic claimant has been agreed around the claimant's kitchen table.

Lee Kench received 2 million after he was knocked off his motorcycle in July 1999 by a motorist who performed a u-turn without giving a signal.

Mr Kench's solicitor, Julian Chamberlayne, an associate at London firm Stewarts, said the idea to hold a no-prejudice meeting at the client's home in Dorset came about because of the co-operative and non-confrontational approach taken by the insurer involved, Norwich Union.

The all-day meeting also involved Mr Kench's wife, a senior claims handler at Norwich Union, and the insurer's solicitor, Paul Davies of Wales and west country-based Hugh James Ford Simey.

No counsel were used.

Mr Chamberlayne said there was a 'very open exchange of questions and answers', but added that the whole process was a lot less stressful for his client than facing several days in court.

'Norwich Union is probably the only insurer and defendant I'd be happy to be that open with immediately,' he said, adding that this was a model the firm was keen to use again where appropriate.

Mr Chamberlayne also praised Norwich Union for not using the argument frequently invoked by insurers that some of the client's care should be provided by the state.

He added that Stewarts had made a detailed contention that, with life expectancy as a whole increasing, and the high-quality care now available for spinal injuries, the discount for his client's shorter life expectancy should be far lower than has traditionally been applied.

He said Norwich Union had 'largely accepted' this.

Neil Rose