Lopian Wagner has successfully obtained substantial damages against Cheshire West and Chester Council on behalf of Mr Richard Justice a young persons carer, in a very unusual case which has recently concluded.

Richard cared for a young person with complex mental health needs. Despite the level of care the young person required the Council provided limited or no assistance to Richard. The Council also refused to pay Richard’s fees for a number of years.

Mr Justice approached Lopian Wagner in March 2007 and the Commercial Litigation Team then launched an action against the Council to recover the unpaid fees and damages which resulted in a substantial settlement just the day before the Trial.

Anthony Wagner, Head of Commercial Litigation commented:

“This was a difficult case relating to a sensitive subject. We were very pleased to obtain justice for Richard. It is people like Richard that are indispensible to the community when it comes to the care of disadvantaged young persons. As far as I am concerned the Council should have settled this case on day one rather than let it drag out until the day before the Trial. Fortunately however justice was achieved for Richard. This case is particularly unusual because of the nature of the issues and frankly the stubbornness and entrenched position taken by the Council”.