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Jonathan Watt-Pringle QC and Marcus Grant (instructed by Diane Reading of Novum Law) appeared for the Claimant in a claim arising out of a low speed bicycle accident.
The Claimant, then a 49-year-old Company Director, who was wearing a cycle helmet, fell off his bicycle and struck his head on the road. He suffered no, or minimal PTA but presented with a cluster of subtle neuro-cognitive, neuro-behavioural and neuropsychological symptoms that resulted in him losing his edge in coping with the executive demands of managing his business. A Telsa 3T MRI brain scan was normal, apart from evidence of a small haemosiderin deposit in the tentorium adjacent to the temporal lobe. There was no evidence of any macroscopic diffuse axonal injury to the white matter. He sustained partial shearing of his olfactory bulb and presented with very subtle patterns on neuropsychological testing.
His claim was valued by reference to a reduction in the gross profit margin achieved by his business after the accident, attributable on his case to his ‘loss of edge’ affecting his ability to optimise the margin between the purchase and selling cost of his company’s product.