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Disability definition

What does Disability mean? In legal practice, disability describes a physical or mental impairment that affects normal day‑to‑day activities and, if statutory tests are met, triggers equality law protections and duties in employment, services, housing and education. England, Wales and Scotland: Defined by section 6(1) Equality Act 2010 as an impairment with a substantial (more than minor or trivial) and long‑term (12 months+, likely to last/return) adverse effect on normal day‑to‑day activities, with detail in Schedule 1 and statutory guidance. Tribunals determine status case by case, using medical and occupational evidence. Certain conditions (including cancer, HIV and multiple sclerosis) are deemed disabilities from diagnosis. Northern...

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Catastrophic personal injury claims in England and Wales: early case management, liability, limitation, funding and rehabilitation under the Rehabilitation Code 2015 and Serious Injury Guide

Practice notes
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Definition of a catastrophic injury

It is often the case that practitioners reserve the label ‘catastrophic’ for only the gravest injuries, sometimes confining it to harm so serious that the injured person requires continuous, 24‑hour care. These Practice Notes, together with the related Practice Notes in the catastrophic claims subtopic, do not adopt so narrow or overly precise a definition or classification. Instead, they address injuries that will permanently alter a claimant’s life, frequently stripping them of the ability to live wholly independently and curtailing, or even removing, their capacity to work. Where the repercussions of the accident and ensuing Disability are so fundamental, the Quantum of any award secured will have a pronounced effect on the quality of life the claimant—and very often their family—is able to enjoy.

Nature of the role of the claimant’s solicitor

In a catastrophic injury case, the claimant’s solicitor may receive their first instructions whilst the claimant remains hospitalised, and everyday domestic life, for the time being, is effectively on hold...

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Andrew Wilson
Andrew Wilson

Andrew has more than 25 years’ experience of working in the fields of personal injury and occupational disease litigation, acting for both claimants and defendants. He trained at L Bingham & Co, gaining early experience in a number of important high profile claims involving the MIB. During the 1990s Andrew worked at Hextalls and then Kennedys, predominantly for defendants across a range of motor, employers’ liability and public liability matters many of which involved serious injuries or death. More recently, he has dealt with cases for claimants who have suffered serious injuries or occupational disease. He was a partner in a large specialist practice. He has provided seminars to solicitors and other legal professionals both for an external conference company and in house on the workings of the Civil Procedure Rules in the context of personal injury claims, amongst other...

Web page updated on 21/05/2026

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